Rebel congress MLAs Sachin Pilot and 18 others voices get heard by the Supreme Court of India. The apex court sternly said that in democracy a voice of dissent cannot be suppressed.The court also allowed the Rajasthan High Court to go ahead and pronounce it’s ruling on the 19 MLAs’ petition, but said that, the verdict will remain subject to the final order of the SC.

The “Lakshman rekha”

A three-judge bench of Justices Arun Mishra, BR Gavai and Krishna Murari, was hearing the special leave petition filed by the assembly speaker CP Joshi. The SLP is against the interim order of the High court on a plea of 19 rebel MLAs. The Top Court said, ‘‘it is the matter of just one day. Why can’t you wait?’’ The Court also questioned, ‘‘why the Speaker, a neutral person, should approach the court at all.’’

Representing the Rajasthan Speaker, Senior Advocate Kapil Sibal argued that, it is the top court’s duty to ensure that all constitutional authorities act within the “Lakshman rekha” drawn for each one of them.

Responding to his argument Justice Arun Mishra asked, “Assume a leader has lost the faith of persons. While remaining in party they cannot be disqualified. Then this will become a tool and no one can raise their voice. Can a person elected by people not express his dissent? Voice of dissent cannot be suppressed. In a democracy, can somebody be shut down like this?”

Judiciary vs. Legislative

Quoting the famous Kihoto Hollohan case in 1992, Kapil Sibal said that, speaker had sent the notice to the dissident MLAs to give them a chance to explain their action as to why there are holed up in a hotel? And if the speaker will satisfy with their explanation, he will not disqualify them. But no judicial authority can interfere till the speaker make his final decision in the disqualification proceedings.

Mr. Sibal also listed the reasons for starting the disqualification proceedings, against Sachin Pilot and 18 others. He said that these19 MLAs did not attend party meetings and conspired to destabilise their own government in the state.The bench said that, ‘‘this is not a simple matter and these MLAs are elected representatives.’’

It should be noted here that, Speaker CP Joshi has filed the SLP, alleging that the high court cannot interdict the disqualification proceedings undertaken by him under 10th schedule of the Constitution. The Bench of the apex court said that the plea of the speaker raises important questions and requires prolonged hearing. The top court has fixed July 27, the date for the hearing. The top court will consider the question of whether courts can interfere with the disqualification proceedings initiated by the speaker at an interim stage before the speaker takes a decision on the disqualification plea.