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Satya Prakash
Tribune News Service
New Delhi, July 23
The Supreme Court on Thursday refused to restrain the Rajasthan High Court from delivering its verdict on rebel Congress MLAs' petition challenging the disqualification proceedings initiated against them by state Assembly Speaker CP Joshi.
Voice of dissent can't be shut, Speaker told
This is not a simple matter and these MLAs are elected representatives... voice of dissent in democracy cannot be shut down. We are trying to find out whether this process (disqualification) was permissible or not. — SC Bench
Nineteen rebel Congress MLAs, including sacked Deputy CM Sachin Pilot, have challenged the validity of Joshi's decision to issue show-cause notices to them under the anti-defection law.
"Let the high court deliver the verdict tomorrow," a Bench headed by Justice Arun Mishra said. However, the top court made it clear that the HC judgment would be subject to the outcome of the proceedings before it.
Noting that there was a large question of functioning of democracy involved, the Bench said it would further hear the matter on July 27.
The SC is seized of Joshi's petition challenging the HC decision to defer its order on rebel Congress MLAs' petition to July 24.
The Bench told senior advocate Kapil Sibal, representing the Speaker, that it intended to adjourn his plea as it was a "serious matter" which required a "prolonged hearing". It didn't agree to Sibal's demand to stay further proceedings in the HC till the matter was decided by the SC. Meanwhile, the Congress today said it was ready for a floor test.
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