Rajasthan Crisis : Live Updates From HC Hearing On Sachin Pilot Camp's Plea

'Smaller the state, higher the value of each MLAs. Because in smaller assembly, a switch of one or two MLAs can be costly", Singhvi says in passing, while citing the Goa assembly case. 

19 MLAs will have different facts. The matters have to decided by Speaker on case to case basis. Speaker's exercise of power cannot be interdicted at this juncture : Singhvi.

The Speaker is yet to decide on the matter. Show-cause notice cannot be stayed. The questions of facts in the notices against 19 MLAs are yet to be decided : Singhvi.

In matters involving Constitutional challenges, Courts should be extremely loath to stay the provisions. The operation of statutory provisions cannot be stultified in the interim, Singhvi submits, quoting SC decisions.

Singhvi says that an interim order staying the Speaker's notices will amount to a stay on the operation of Paragraph 2(1)(a) of Tenth Schedule, which cannot be done.

Singhvi says that the instant case is "much worse", as there are no new grounds of challenge, and that the petitioners, in an "overclever" way, have raised the same grounds of challenge, which were considered and rejected by SC in Kihoto.

Singvhi cites CB judgment in AIR 1965 SC 1623 (para 9), (1973) 1 SCC 336 (para 10,11) to state once a statute has been upheld, a new ground of constitutional challenge can be entertained by the Court later.

The High Court cannot be asked to re-look at the Constitution Bench decision of SC in Kihoto Hollohan case : Singhvi.

Singhvi says that there is nothing new in the constitutional challenge raised by the petitioners

Unprincipled defection is a political sin and against constitutional morality, Singhvi quotes from the SC constitution bench decision in Kihoto.