Rajasthan Speaker mulls withdrawing SLP, filing fresh appeal in Supreme Court

NEW DELHI: Whether the Rajasthan Speaker should withdraw the special leave petition (SLP) pending before the Supreme Court — against the state HC restricting him from issuing notices on the disqualification petitions against the Congress rebel MLAs — and file a fresh appeal against the HC ordering “status quo” is an option being discussed among lawyers and others involved in the matter, it is learnt.

Some feel that since the HC ordered ‘status quo’ and left the matter to the SC to decide, the SLP has become infructuous and an appeal can be the next step. The decision will play out in the apex court where the case is slated to be taken up on Monday. This thinking coincides with the Congress leadership and Rajasthan CM Ashok Gehlot deciding to open a political front by seeking assembly session from Friday.

AICC spokesman Abhishek Singhvi on Sunday asserted that the pending SC/HC cases will have no bearing on either the assembly being convened or on the functioning of the Speaker.

“The reference to the pendency of the judicial proceedings in the Supreme Court and to the Rajasthan HC on the Speaker’s power to hear on notices regarding disqualification, appears to be absurd, to use words of studied moderation. Whether the Speaker disqualifies or does not do so, cannot, per se, affect the holding of a session or a numbers test on the floor of the House. Whether the apex court or the High Court decides one way or another, it cannot affect the calling of a session or the exercise of the powers of governor under Article 174, which, obviously, does not arise before either the Speaker or the two courts,” he said.

“If the governor’s office is unaware of the elementary fact that an agenda is sent after the date of the assembly session is notified, then an extremely sorry state of affairs exists…The assembly and the government will decide its agenda and issues for deliberation and it is unstatable that the governor will query or interfere on such issues… The Cabinet’s subsequent listing of several issues for discussion in the assembly, including the battle against Covid, demonstrates the hollowness of the query”.





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