Rajasthan Crisis : Live Updates From HC Hearing On Sachin Pilot Camp's Plea
Kamat submits that initiation of disqualification proceedings do not bar disciplinary proceedings within party.
"You say these members have voluntarily given up their membership of the party. Now you have issued suspension against them. The assumption behind suspension is that they are members", CJ Mahanty.
CJ Mohanty asks how can the disqualification proceedings and the suspension be juxtaposed.
"Either they are members of your party, or not members. It cannot be both ways", CJ observes.
By their actions they have voluntarily given up the membership of party : Kamat.
Have you expelled them?, CJ Mohanty asks.
Two of them have been suspended, Kamat replies.
Kamat referring to the reliefs sought for in the petition. The petition seeks a declaration that petitioners are members of the assembly by virtue of their continuation in the Congress party.
How can such a declaration be given, he asks.
AG concludes, supplementing Singhvi's submissions.
Now, Senior Adv Devadatt Kamat, appearing for Congress Party Whip, Mahesh Joshi, who has been impleaded as additional respondent, making submissions.
Advocate General, M S Singhvi, now making submissions.
Speaker's power is not comparable to other Tribunals; not like other 'quasi-judicial bodies'.
Singhvi says if the Court cannot interfere at the stage of show-cause, how can the Court decide on the sufficiency of reasons stated in the show-cause notice
'In the absence of reasons recorded, what cause the person can show to avoid disqualification?", CJ Mahanty asks.