Petition filed by Chief Whip of Congress in Supreme Court

In a new development in the ongoing Rajasthan Political Crisis, the Chief Whip of the Congress Legislative Party, Mahesh Joshi has filed a petition in the Supreme Court. The petition challenges the High Court’s order staying the disqualification proceedings initiated by him against Sachin Pilot and 18 other MLAs. 
An earlier petition was filed challenging the direction of the court to the speaker to refrain from going ahead with proceedings. However this was withdrawn and a fresh plea has been filed.
The new petition refers to the case of Kihoto Hollohan and claims the order to be unconstitutional. The status quo if maintained would imply a stay on proceedings.
Disclaiming the validity of the counter petition filed by the MLAs, the Chief Whip also contends the invalidity of challenging section 2(1)(a) of the Tenth Schedule that has already been upheld by the Court.
Overstepping the Jurisdiction, the High Court was not allowed to pass a Judicial Review prior to the final decision of the speaker. Article 136 was invoked to file the petition before the Apex Court.
The petition finds its basis on the grounds of a prima facie case of defection made against the 19 MLAs.

 

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