Rajasthan Crisis : Live Updates From HC Hearing On Sachin Pilot Camp's Plea
Singhvi says that the decision in the Amar Singh case (2011) 1 SCC 210, cited by the petitioners, is irrelevant in the instant case, as it was not a case of disqualification.
Rules are directory in nature and not mandatory, Singhvi submits.
Rules are in the domain in the procedure to facilitate the enquiry and cannot be used to invite technicalities to curtail the process : Singhvi.
The question is not on the number of days provided; but on whether an effective opportunity was granted for giving response : Singhvi.
Principles of natural justice are not a straight jacket formula : Singhvi
In any case, in the instant case, the petitioners now have got 7 days time to submit reply : Singhvi.
Any violation of the disqualification rules will not give a ground to review the decision of the Speaker, Singhvi quotes from Ravi Naik decision.
"What prevents them from submitting a reply to the Speaker's notice?"Singhvi.
Constitution gives leeway to the Speaker to regulate the procedure. Rules are subordinate to the Constitution. Violation of disqualification rules are procedural and any violation of it immune to judicial review : Singhvi.
Singhvi says Ravi Naik (1994) was a case of Speaker giving 2 days for reply, though rules mandated 7 days. But SC upheld the Speaker's decision : Singhvi.