Rajasthan Assembly Speaker CP Joshi withdraws his appeal in Supreme Court against the High Court's order restraining him from taking action against rebel Congress MLAs led by Sachin Pilot.
Rajasthan Speaker CP Joshi withdraws plea, to file fresh SLP in Supreme Court. (File pic)The Supreme Court on Monday allowed Rajasthan Assembly Speaker CP Joshi to withdraw his appeal against the High Court’s order restraining him from taking action against sacked deputy CM Sachin Pilot and 18 dissident Congress MLAs.
Senior advocate Kapil Sibal, appearing for Speaker CP Joshi, said that the appeal had become infructuous as the top court did not stay the HC order passed on Tuesday last week.
The HC had last week asked Speaker Joshi to defer the disqualification proceedings till Friday. After this, Joshi had moved the Supreme Court seeking a stay on the HC’s directive. The Supreme Court, however, refused to stay the HC order and paved the way for the HC to deliver the verdict on Friday.
On Friday, the High Court had ordered a status quo on Speaker’s disqualification notices to Sachin Pilot and 18 rebel MLAs.
Sibal told a SC bench headed by Justice Arun Mishra that the Rajasthan High Court had passed a fresh order on Friday and they were weighing the legal options.
“The SLP (special leave petition) is withdrawn with liberty to file a fresh SLP and keeping all grounds open,” advocate Sunil Fernandes, who also represented Joshi, told the bench also comprising Justices BR Gavai and Krishna Murari.
The Supreme Court had last week observed that ‘voice of dissent’ in a democracy cannot be shut down. The court had refused to accept Joshi’s request to either stay the matter pending before the high court or transfer it to the top court.
Meanwhile, Rajasthan Governor Kalraj Mishra has returned to the Ashok Gehlot-led Congress government a cabinet note seeking an assembly session with fresh queries. This is the second time that the governor has sought clarifications from the government.
The state cabinet had sent a revised note to the Governor on Saturday requesting that a session of the assembly be called on July 31 after he returned the first proposal seeking clarifications on six points.
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