As the counsels of rebel Congress MLAs in Rajasthan and the Assembly Speaker slug it out in the Supreme Court, two words became a bone of contention during the course of the hearing.
A bench headed by Justice Arun Mishra and comprising Justices B.R. Gavai and Krishna Murari told senior advocate Kapil Sibal, representing Rajasthan Assembly Speaker C P Joshi, that the High Court had only requested the Speaker to wait till July 24.
Sibal replied, “Suspend the word ‘direction’ from the order, as the court can’t do this.”
Justice Mishra said so the problem is only with the two words, as the High Court order everywhere says â€˜request’.” The apex court noted that the matter may require lengthy hearing. Sibal contended that the apex court could have prolonged hearing but the interim direction to the Speaker should be removed. “My lords have never passed an interim order like this”, submitted Sibal before the
Sibal was referring to the Rajasthan High Court order which said “In view of above directions, we therefore, further request the Speaker, who has been pleased to extend the period for filing reply by the writ petitioners till 5.30 pm as of today i.e. July 21, 2020, to extend the said period till the delivery of orders by this Court on July 24 and we direct accordingly. The matter shall be listed on July 24, 2020. The parties are directed to act accordingly.”
The Speaker, in his plea, has contended that this order is in the teeth of the dictum of the Constitution bench of the apex court in Kihoto Hollohan vs Zachillhu, and the mandate of the mandate of Para 6(2) of the Tenth Schedule read with Article 212 of the Constitution.