[Rajasthan Assembly Speaker's Plea Against HC Order] Live Updates From Supreme Court

ibal’s Internet connection wavers, so everyone is waiting.

Sr. Adv. Harish Salve tells the Bench that HC has kept the matter for tomorrow to pass Order.

Justice Mishra - You think we are not aware of that ?

Justice Gavai - You were only asked to wait one day. Till July 24.

Sibal - Court could not say that. If you may only suspend last two words.”

Justice Gavai refers to another judgment that Sibal has refered to and asks, “How are you aggrieved if the Speaker acts as Tribunal ?

Sibal - I never said I'm aggrieved, milord. Courts can ask a Speaker to decide the issue, but can't say they cannot decide.

Justice Mishra, “They had all been elected by the people. Can they not express their dissent?”

Sibal submits that the SC had upheld this before &, in this regard, the Court cannot enter this under Art. 226.

Justice Mishra, “It is a matter of just one day. Why can’t you wait?

Justice Mishra - In this case, it seems party members can't raise their own voice against their own party.

“Voice of dissent cannot be suppressed.”

Justice Mishra - Why are you looking pained, Mr. Sibal ?

Sibal - I'm not pained at all. There's so much going on around, I've stopped feeling pained. I'm happy that Mr. Salve is smiling.”

Sibal differentiates this situation from 2(1)(a) of Tenth Schedule.

“Whip would play a role when there's voting, but not in this case. There is an MLA, Hemaram Chaudhary, who acted with allies to destabilise INC. This group is led by@SachinPilot

J. Mishra asks about Speaker’s role.

Speaker issued notice in the Disqualification Petition before him, asked for written submissions & was due to hear it on July 27.

“Court can’t intervene till a decision is taken; ours is a purely constitutional submission”, submits Sibal.

Sibal, “Whip moves a notice when a member voluntarily wishes to leave, or indicates it.

SachinPilot camp had talked to Aaj Tak, & wanted a floor test. Their actions conveyed that they wished to leave - refused to attend party, went to a hotel in Haryana & were incommunicado.”

Justice Mishra seeking clarification regarding how hollohan case is relevant in this matter, as it deals with speaker and not whip