"A party challenging disqualification is required to first approach the High Court", Kamat reads from that decision.
"We are aware of that. Right now, there is no Disqualification", Justice Kant.
Kamat refers to the SC order in Karnataka MLAs case to say that the SC disapproved the petitioners in that case "leapfrogging" to the SC bypassing HC.
Kamat says there is preliminary objection to the maintainability of the petition.
"We have not given up on that objection", Justice Kant.
Justice Kant : You can file a comprehensive affidavit Mr.Dhavan.
Solicitor General : I need to say something. I'll say at the last. Please give me only 2 minutes at the end of everyone.
Dhavan : A fly by night notice will not do. A notice sent by Vishal Acharya will not do. What is the notice and when does the period start...it is a serious matter.
Dhavan : In Nabam Rebia, the 14 days had elapsed. That is an important aspect.
Justice Kant : Then it will be contradictory. If there is no valid notice, there is no question of 14 days. The question will arise only if notice is valid.
Dhavan : ..entitled to ask who are you. It was sent by one Advocate Vishal Acharya.
J Kant : Did the Speaker ascertain from members if they have sent it? An affidavit may have to be filed.
Dhavan : We will file an affidavit.
J Kant : Mr.Dhavan, what will the mode of genuineness?
Dhavan : It was not sent from the registered email. It was not sent to the legislative office. Deputy Speaker acts in a judicial capacity. If somebody dashes off a letter, not to the registered office, the Speaker is..
Justice Kant : Very right. 14 days is the time for Speaker to put up the notice before the house. Here the MLAs have served notice calling upon him to put the resolution under Article 179.
Dhavan says Speaker has rejected the notice saying its authenticity is not verified.
Justice Kant : Dr Singhvi, read para 5 of the notice given..
Singhvi : ..we hereby call upon you to move the motion for removal...
Singhvi : This has come from unauthorized email and 14 days has not elapsed.