Voice of dissent in a democracy cannot be shut down: Supreme Court to Rajastan Speaker
New Delhi: Voice of dissent in a democracy cannot be shut down, the Supreme Court said on Thursday as it questioned Rajasthan Assembly Speaker CP Joshi on the reasons for initiating disqualification proceedings against 19 dissident Congress MLAs, including sacked deputy chief minister Sachin Pilot.
The top court's observation came when senior advocate Kapil Sibal, appearing for Joshi, listed the reasons for starting disqualification proceedings and said that these MLAs did not attend party meetings and conspired to destabilise their own government.
A bench headed by Justice Arun Mishra said: This is not a simple matter and these MLAs are elected representatives.
Voice of dissent in democracy cannot be shut down, the bench observed. We are trying to find out whether this process (disqualification) was permissible or not."
Responding to a query of the bench, Sibal said, These MLAs had gone to Haryana, stayed at a hotel and gave TV bites that they want floor test."
He said the issue as to whether the disqualification process is permissible or not cannot be taken note of by the court at this stage. Our grievance is purely constitutional and there cannot be any order till decision is taken by the speaker."
Sibal said that at the most the Speaker can be asked to decide disqualification within a time frame but the process can't be interfered with and no writ can lie to challenge proceedings before Speaker prior to the decision on disqualification or suspension of MLAs.
During the hearing, the bench asked Sibal whether a disqualification notice can be issued to MLAs for not attending the meetings and can it be taken as stand against the party.
The bench's observation came when Sibal said that there was a notice issued by the Chief Whip of the party to all MLAs to attend the meetings.
At the outset, Joshi told the top court that the state high court has no jurisdiction to restrain him from conducting disqualification proceedings till July 24 against 19 dissident Congress MLAs, including sacked deputy chief minister Sachin Pilot.
Sibal referred to a famous top court verdict rendered in the 1992 Kihoto Hollohan case, in which it was held that courts can't intervene in disqualification proceedings undertaken by the Speaker under Tenth Schedule to the Constitution.
He said courts could only intervene when the Speaker takes a decision to suspend or disqualify a member of the House.
Sibal's response came when the bench asked him whether courts could not intervene at all if the Speaker suspended or disqualified a lawmaker.
The hearing on the plea is underway.
Joshi has challenged the Rajasthan High Court's July 21 order, which said the verdict on the petition filed by the 19 MLAs, challenging the disqualification notices, will be pronounced on July 24 and asked him to defer the disqualification proceedings till then.
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Karnataka power tussle: BJP leader calls Siddaramaiah 'Sultan for 15 days'
Bengaluru/Bagalkot (PTI): In the midst of the ongoing power tussle within the ruling Congress in Karnataka, senior BJP leader and MP Govind Karjol called CM Siddaramaiah "Pandrah din-ka-Sultan" (Sultan for 15 days), and said after that, he will not be the chief minister of the state.
Speculation has once again surfaced within the Congress party and political circles about a possible decision on leadership change and cabinet reshuffle after May 4, once the results for Assembly elections in four states and one union territory, along with bypolls to two Assembly constituencies in Karnataka, are announced.
"With the fight for the CM chair in the Congress, there seems to be no administration at Vidhana Soudha. The result for Siddaramaiah's CM chair fight will also be declared, along with election results for five states (four states and one union territory) and bypoll results for Bagalkot and Davanagere South Assembly seats in Karnataka," Karjol, a former Deputy CM, said.
Speaking to reporters here, he said, "As per today's information, Siddaramaiah is a Sardar for fifteen days, he is Pandrah din-ka-Sultan, after that Siddaramaiah will not be the chief minister of the state."
Stating that Shivakumar is ready to take up the top job, the MP said that this is the reason Siddaramaiah's supporters have gone to New Delhi to meet the Congress President.
"Already 40-odd legislators have lobbied in support of Siddaramaiah; about 50 are lobbying in support of Shivakumar. Amid this fight for the CM chair, the administration has completely collapsed," he said, urging the government to focus on addressing drinking water issues in various parts of the state amid summer by releasing at least Rs 50 crore per district.
PWD Minister Satish Jarkiholi on Monday met Congress President Mallikarjun Kharge and General Secretary (in charge of Karnataka) Randeep Surjewala in New Delhi and requested them to address the speculation regarding the change of leadership in Karnataka.
Subsequently, Social Welfare Minister H C Mahadevappa too met the party leadership in Delhi.
Both Jarkiholi and Mahadevappa are considered close to Siddaramaiah.
While MLAs and leaders who want Shivakumar to be elevated as CM have recently claimed they expect some "sweet news" by May 15, which is their leader's birthday.
Meanwhile, a team of 40 MLAs is preparing to visit New Delhi to press the Congress high command for a Cabinet reshuffle.
Speaking to reporters in Bengaluru, Leader of the Opposition in the Assembly R Ashoka hit out at the Congress leadership for indulging in "power tussle" instead of addressing the people's concerns. He called the government "anti-people" and "dead" to the people of the state.
With the fight for the CM chair, the ruling Congress in Karnataka seems to be shifting to Delhi. Congress MLAs are repeatedly touring Delhi, upset over the state leadership amid a power struggle between the CM and Deputy CM. This proves that there is no value for the state leadership," he said.
Pointing out that the Deputy CM Shivakumar was not present at the recent special cabinet meeting, which decided on internal reservation among SCs, the opposition leader said, "If the cabinet meeting was held purposely, despite knowing that Shivakumar was in Delhi, it proves that there are factions within the party"
"This government is dead in a way," he said, as he hit out at the Congress MLAs and Ministers, including Shivakumar, for doing "Delhi Yatras" instead of addressing drinking water issues in various parts of the state amid summer, picking up in the state.
