While hearing the case related to disqualification of 19 insurgent members of Congress led by Sachin Pilot Justice Arun Mishra observed that the voice of dissent is an integral part of democracy and it cannot be suppressed by any means.
Justice Mishra remarked this statement in response to Rajasthan Speaker’s counsel and senior advocate Kapil Sibal’s contentions that refusal to attend the party meetings and anti-party remarks could be a solid ground for starting disqualification proceedings on grounds of voluntarily leaving party membership as per 2(1)(a) of 10th schedule of the Constitution.
The other judges of the bench including Justice Krishna Murari and Justice B R Gavai also seek affirmation from Sibal that whether the refusal to involve in party meetings could be a valid ground for starting disqualification proceedings against MLA’s.
The bench noticed that the matter involved ‘serious questions related to democracy’ and adjourned the proceedings till July 27th. However, Supreme Court already specified that judgment made by the High Court would subject to the final approval of Apex Court.