Rajasthan Crisis : Live Updates From HC Hearing On Sachin Pilot Camp's Plea
CJ Mahanty asks if there is any case law for that proposition.
Singhvi cites Kihoto.
CJ disagrees, says Kihoto was only with respect to constitutional validity of 10th schedule.
CJ Mahanty asks, if the Speaker is rejecting the complaint without issuing notice, is he not bound to record notice.
Singhvi answers in the affirmative. But in the the reverse scenario (recording reasons for notice) is not needed, he adds.
CJ Mahanty asks if Speaker is bound to record reasons while issuing notice.
Singhvi says "No, the Speaker is not bound to record reasons at the stage of notice".
"Even if an outlandish complaint is made, is the Speaker is bound to issue notice?", CJ Mahanty asks.
Singhvi says "no, not at all. It has to be seen the complaint is broadly referable to Tenth Schedule".
'Are you suggesting that the Speaker, at stage of issuing notice, is only required to see if the complaint regarding disqualification is in the proper proforma?", CJ Mahanty asks Singhvi.
Chief Justie Mahanty asks if the Speaker is not required to make any application of mind before initiating proceedings under tenth schedule.
Rajasthan HC resumes hearing on the plea filed by Sachin Pilot-led group of dissident MLAs challenging the show-cause notices issued by Speaker initiating disqualification proceedings.
The bench rises for lunch break. Will Re-assemble at 2 PM.
"Petitioners are trying to ask the Court to do indirectly, what it cannot do directly", Singhvi submits in conclusion.
Singhvi objections to the allegations of "mala fide" against the Speaker.