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

SC has held that natural justice is not dependent on the number of days given for response. Speaker cannot shut his eyes to the developments happening fast : Singhvi.

Singhvi now addressing the argument of petitioners that only 2 days time was given to respond, violating the Rules which mandate 7 days.

Singhvi says a mere violation of rules, if any, will not void the Speaker's decision.

Speaker may or may not pass a correct decision. But there cannot be an interference at the pre-order stage, preempting that Speaker will take wrong decision.

Speaker may or may not pass a correct decision. But there cannot be an interference at the pre-order stage, preempting that Speaker will take wrong decision.

Singhvi says that SC upheld the decision of the Speaker which disqualified the MLAs taking note of the fact that they had refused to attend party meetings in violation of party directions.

Singhvi referring to the Karnataka MLAs disqualification case, which were upheld by the SC. Points out that failure to attend the party meeting was also a ground for attracting defection under Para 2(1)(a).

Non-attendance in party meeting may or may not amount to voluntary giving up of party membership. That depends on the facts, and Speaker has to be given the opportunity to decide on that : Singhvi.

Singhvi cites the CB decision in (2007) 4 SCC 270 (para 48, 49) to say that there is no straight jacket approach for Speaker to decide under Para 2(1)(a). There is no fixed formula. So how to take a decision is within the Speaker's domain. 

'Voluntary giving up of party membership' to be read widely; no need for formal resignation; giving up of membership can be inferred from conduct, Singvhi submits, from the SC decision in Ravi Naik case(1994). 

Speaker will be violating the law if he does not act under tenth schedule in the instant case : Singhvi