'HC encroaching on powers': Rajasthan Speaker moves SC


New Delhi, Jul 29 (IANS): Rajasthan Assembly Speaker C.P. Joshi has moved the Supreme Court, challenging the state High Court's July 24 order staying proceedings on disqualification petitions against 19 rebel MLAs, including dropped Deputy Chief Minister Sachin Pilot.

"It is submitted that the impugned order interdicts the petitioner/Speaker from acting under the Tenth Schedule at the stage of notice itself and restrains him from even proceeding to call for replies/comments from the respondents," he said in the petition.

The Speaker has requested the apex court to rein in the "indiscipline", contending that the High Court is violating the apex court verdict in Kihito Hollohan matter.

"The impugned order of the High Court is a direct interference in the 'proceedings of the House' under Para 6(2) of the Tenth Schedule which is prohibited, under Article 212 of the Constitution," said the plea.

It urged the apex court "to ensure that the the authorities under the Constitution, including the judiciary, exercise its jurisdiction within the boundaries and function within their respective 'Lakshman Rekhas' envisaged by the Constitution itself."

The plea contended that the judiciary was never expected, under the Tenth Schedule, to interfere in the manner it has done in the instant case, resulting in encroachment by the High Court in the field exclusively reserved for the Speaker.

Citing the 13 questions put out by the High Court in its verdict, the plea said: "The ostensible 13 questions are repetitive. It is respectfully submitted that the 13 ostensible questions framed in the impugned order are already answered and part of settled law laid down by this court and on this ground too, the impugned order deserves to be set aside."

 

  

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  • Krishna Dasa, Udupi,.

    Thu, Jul 30 2020

    India is Democracy only for elections, BJP has consolidated power with all institutions like courts, Central Bank (Reserve Bank of India) Civil service, Law & order (investigation agencies, police & military,

    If you are a Civil servant and do not agree with Amit & Modi you will be transferred, harassed, investigated or dismissed.

    If you are an elected official like MLA, MLC & MP and if you do not join hands with BJP to bringdown elected Governments You & your family will be investigated, bribed and your & your families life will be made miserable.

    If you are a Judge and do not cooperate with BJP policy in delivering judgement You will not be promoted, will be transferred, harassed, will not be made Raja Sabha member, directly or indirectly investigated and your life will be made miserable.

    Media persons including management of media/press/reporters are so much afraid for life and safety and do not want to report truth or No press conferences by the Prime minister or elected officials with media to ask open questions.

    India is heading towards Zimbabwe of Mugabe or Soviet Union of Stalin.

    DisAgree [2] Agree [3] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Jul 29 2020

    I wonder if BJP has the numbers or only doing FEKUGIRI ...

    DisAgree [1] Agree [11] Reply Report Abuse


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