[Breaking] Rajasthan Speaker Moves SC Against Rajasthan HC Order Directing Him To Maintain ‘Status Quo’ On Disqualification Of Sachin Pilot And 18 MLAs [Read Petition]

first_imgTop Stories[Breaking] Rajasthan Speaker Moves SC Against Rajasthan HC Order Directing Him To Maintain ‘Status Quo’ On Disqualification Of Sachin Pilot And 18 MLAs [Read Petition] Radhika Roy29 July 2020 9:04 AMShare This – xRajasthan Speaker Dr. CP Joshi has moved the Supreme Court, challenging the July 24 Order of the Rajasthan High Court, which admitted the writ petition filed by 19 rebel Congress MLAs led by Sachin Pilot, and directed the Speaker to maintain “status quo”, till the time the Court heard the petition next. The plea, filed by Advocate-on-Record Sunil Fernandes, states that the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginRajasthan Speaker Dr. CP Joshi has moved the Supreme Court, challenging the July 24 Order of the Rajasthan High Court, which admitted the writ petition filed by 19 rebel Congress MLAs led by Sachin Pilot, and directed the Speaker to maintain “status quo”, till the time the Court heard the petition next. The plea, filed by Advocate-on-Record Sunil Fernandes, states that the Rajasthan HC’s order, interdicting the Speaker from proceeding to even adjudicating the disqualification petitions pending before him under the Tenth Schedule of the Constitution of India, “is a direct intrusion into the domain exclusively reserved for the Speaker under the Tenth Schedule of the Constitution”. Further, the Order is “ex-facie unconstitutional and in the teeth of the law declared in “Kihoto Hollohan v. Zachillhu” as there exists a catena of decisions of the Supreme Court wherein constitutional validity of Para 2(1)(a) has been upheld. It is also a direct interference in the “proceedings of the House” under Para 6(2) of the Tenth Schedule, which is prohibited under Article 212 of the Constitution. The plea states that the main grounds for setting outside the impugned July 24 Order are as follows: 1. It is in the teeth of law laid down in Paras 110 and 111 the Kihoto Hollohan judgement. “It is respectfully submitted that the impugned order directing ‘status quo’ in relation to the proceedings before the Speaker under the Tenth Schedule is constitutionally impermissible and is directly in contravention of the settled legal position in relation to quia timet actions under the Tenth Schedule”. Therefore, as per Paras 110 and 111 of the 1992 Judgement, even against the final orders of the Speaker, there are only limited grounds which are available to the Court to interfere by way of judicial review. In wake of the passages, only the final decision of the Speaker is amenable, and the only exception lies if there is an interim order passed by the Speaker, disqualifying or suspending a member. In the instant case, the Speaker has only issued notice under Rule 7(4) of the Rajasthan Assembly Disqualification Rules, 1989. 2. Notice issued by the Speaker is a Proceeding in the House under Para 6(2) of the Tenth Schedule read with Article 212, and is therefore, immune from judicial interference. As the notice issued by the Speaker is merely a procedural step, and not a final determination or decision on disqualification, the Court is restrained from interfering in the same. “In view of the mandate of Para 6(2) of the Tenth Schedule read with Article 212, the notice dated 14.07.2020 calling for comments on the disqualification could not have been challenged at all till the final decision is reached by the Speakers. The proceedings before the Speaker till the final decision are in the nature of proceedings in the House and are not subject to judicial review anterior to decision itself. Article 212 clearly bars any such challenge.” 3. Mere challenge to Constitutional validity of Para 2(1)(A) on the anvil of Basic Structure Doctrine, cannot ipso facto result in Para 2(1)(A) being effaced from the Constitution. The plea submits that the impugned Order effectively effaces Para 2(1)(a) of the Tenth Schedule from the Statute book and the same is not permissible. “Para 2(1)(a) has been construed judicially in several decisions and it has been held that any conduct by which inference can be drawn that the person concerned has left the membership of the party would attract the disqualification of Para 2(1)(a). This has to be determined by the Speaker in the facts and circumstances of each case”. Therefore, the High Court has “acted in gross judicial indiscipline and judicial impropriety in seeking to reopen settled issues decided by a Constitution Bench of this Hon’ble Court in Kihoto”, by claiming that it violates the basic structure or freedom of speech and expression. 4. Measure of what conduct invites a disqualification under the Tenth Schedule is the Sole Domain of the Speaker and Jurisdiction cannot be Curtailed at the Notice Stage itself. The plea avers that the Speaker is yet to decide on the particular facts and circumstances of each Petitioner, on a case to case basis. Therefore, the impugned Order precludes the Speaker from deciding so and ordinarily, Court in judicial review, cannot entertain a challenge at the notice stage. “The person aggrieved has to face the inquiry or proceedings and it is only the final determination which is amendable to judicial review”. Accordingly, the Special Leave Petition, challenging the July 24 Order of the Rajasthan High Court has been filed before the Supreme Court. On July 14, Rajasthan Speaker Dr. CP Joshi had served notices as per the Rajasthan Legislative Assembly (Disqualification) Rules, 1989, on 19 dissident MLAs, including Pilot, amidst their rebellion against Chief Minister, Ashok Gehlot. They were initially given time till 1 PM on July 17, to submit their replies. Meanwhile, the 19 MLAs approached the Rajasthan HC on July 16, challenging the Speaker’s action. A Rajasthan High Court Bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta, initiated the hearing for the matter, and “requested” the Speaker to defer the decision on the disqualification proceedings vide its Order dated July 21. Consequently, this Order was challenged by the Rajasthan Speaker before the Supreme Court, and on July 23, a Bench headed by Justice Arun Mishra heard the matter. While refusing the stay the proceedings in High Court, the Bench stated that the judgement that shall be passed by the HC will be subject to the orders of the SC. Justice Mishra further noted that “serious questions relating to democracy” were involved. On July 24, the Rajasthan HC passed its Order, holding the 19 rebel Congress MLA’s petition to be maintainable, and directed the Rajasthan Speaker to maintain status quo, till the time the Court heard the petition next. However, the Court did not grant any next date of hearing. In light of this Order, the Rajasthan Speaker withdrew its petition before the Supreme Court, with Senior Advocate Kapil Sibal, appearing on behalf of the Speaker, stating that they had to weigh their legal options on what could be done next. Click Here To Download Petition[Read Petition] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

GCC register first-innings lead against GDF in two-day second-division cricket

first_imgLED by a half-century from youngster Mavendra Dindyal, Georgetown Cricket Club (GCC) were able to take a first-innings lead against Guyana Defence Force (GDF) when action in the Georgetown Cricket Association (GCA)/Noble House Seafoods, second division two-day cricket competition re-started yesterday after the Christmas break.The visiting army team had little answers against the home team’s bowlers at the world-famous Bourda ground, after they won the toss and opted to take first strike.Skipper Leon Andrews, who is key with the bat, was sent back without scoring by pacer Carlos La Rose.La Rose also got rid of another dangerous batsman in the army side, Damian Waldron, who was trapped lbw for 15.Stephon Wilson was also clinical in his delivery.  The left-arm spinner took 3-28 from nine overs.  He got the wicket of Dameon Ross, who had batted himself in, Deamon Whitney and T. Johnson.Ross, who had belted Wilson for a six, the lone six of the innings, was bowled for a top score of 35 (1×4, 1×6), while Whitney finished with 10 and Johnson four.Teenage off-spinner Darrius Andrews helped to clean up the lower order with 2-3 from just three overs as GDF fell for 91 in 30 overs.In reply, it was the Dindyal show.The West Indies U-16 batsman belted four sixes and two fours in a top score of 72. He came to the crease at the fall of Martin Pestano-Belle (3) and built the innings with Thaddeus Lovell. The pair added 63 runs for the second wicket, before Lovell fell to Randy Lindore for 37 (2x4s, 2×6).  Dindyal and R. Phillips then added a further 63 for the third wicket and a first-innings lead, before the former fell.At the close of play, Phillips had reached 24 (2x4s), while Deonarine Seeogobin was also not out (3) to push the home team to 145-3.last_img read more

Seesmic Updates Desktop App: Now With More Facebook

first_imgFacebook PagesOverall, the focus in this new version is clearly on enhancing Seesmic’s Facebook functionality. While most users probably don’t administer Facebook pages, the ability to see select Facebook Pages in Seesmic turns out to be quite useful. From within those columns, you can post comments and like posts. This new feature now also makes it easier for users to cross-post to their Twitter accounts, Facebook profiles, and Facebook Pages.Twitter Updates: Reply to All, Favorites On the Twitter side of Seesmic Desktop, the ‘reply to all’ feature is probably the most useful new addition. While this isn’t a new feature (TweetDeck has had it for a while), it’s still quite useful, especially when you want to reply to re-tweeted messages that include more than one username. In addition, Seemsic Desktop now also features a column for ‘favorites.’ Favorites remain a relatively under-utilized feature on Twitter, so chances are that not a lot of Seesmic users will actually really use of this feature. frederic lardinois The Dos and Don’ts of Brand Awareness Videos Facebook is Becoming Less Personal and More Pro… Tags:#Facebook#Product Reviews#twitter#web Guide to Performing Bulk Email Verification Related Posts Seesmic just released an update to its popular Twitter and Facebook desktop client that gives users enhanced access to their Facebook accounts. Specifically, Seesmic Desktop 0.6 now allows users to set up columns for Facebook Pages and post to these pages if they are administrators. In addition, Seesmic’s Twitter features got a few useful updates, including a ‘reply to all’ feature and a new column for favorites. Seesmic also announced that yfrog will now become the default picture posting service for all Seesmic applications and that the company’s desktop application has now been downloaded over 2.5 million times. A Comprehensive Guide to a Content Auditlast_img read more

10 months agoBarcelona ask Arsenal boss Emery about Rabiot

first_imgTagsTransfersAbout the authorCarlos VolcanoShare the loveHave your say Barcelona ask Arsenal boss Emery about Rabiotby Carlos Volcano10 months agoSend to a friendShare the loveArsenal boss Unai Emery has spoken to Barcelona chief Eric Abidal about Adrien Rabiot.Barca are chasing the PSG midfielder, who is off contract in June and Abidal has sought the opinion of Emery on the player, says AS.Emery worked with Rabiot for two years as PSG coach and had only positive things to say.Abidal is keen on signing the France international, though also has alternative midfield transfer targets under consideration.Arsenal have also been linked, though given Emery’s willingness to recommend Rabiot does suggest he isn’t a genuine target for the Gunners. last_img read more

Alabama 5-Star RB Commit Damien Harris Responds To Twitter Hater, “We’ll Still Beat Tennessee”

first_imgThe week of National Signing Day is not a good time for a recruit to be on Twitter. This is typically when the trolls will be at their most frivolous, telling 17-and-18-year-old prospects how dumb they are for deciding to attend a certain university. A Tennessee fan, @ChooChooTrain00, spent much of Friday morning tweeting at five-star running back Damien Harris, an Alabama commit. The user criticized Harris’ decision to play for the Crimson Tide, telling him he’ll be riding the bench for the duration of his career in Tuscaloosa, Ala. Harris decided to respond to the hater, letting him know what will happen when Alabama faces his beloved Volunteers. @DHx34 thats what it will feel like workin that bama bench for 4 years. U got about 6 5 star rb and 5 5 star athletes ahead of you.— Shua Johnson (@ChooChooTrain00) February 6, 2015This is Harris’ response, which he later deleted. Screen Shot 2015-02-06 at 1.52.42 PMAlabama has defeated Tennessee eight years in a row. The Crimson Tide and the Volunteers will meet this fall on Oct. 24 at Bryant-Denny Stadium in Tuscaloosa.last_img read more

Video: Minnesota’s Carlos Morris Hits 3 To Tie Game vs. MSU, Misses Potential Winning Free Throw

first_imgCarlos Morris is fouled while hitting game-tying three vs. Michigan State.Vine/@MattNorlanderMichigan State nearly lost its game against Minnesota on one of the worst fouls you’ll see. Instead, the Spartans lucked out, and have a chance to redeem themselves in overtime. With his Golden Gophers down three and two seconds remaining in the game, Carlos Morris drilled a three-pointer and was fouled by Michigan State’s Gavin Schilling. Foul up three. But not like that. Izzo not even registering what happened. https://t.co/BaMUDf0LVr— Matt Norlander (@MattNorlander) February 27, 2015With the game now tied at 78, Morris had a chance to win the game at the free throw line, but was unable to complete the four-point play. Instead, this great Big Ten battle has gone to overtime. Minnesota leads 81-80 with 3:32 remaining in the game.last_img read more

Ohio State Football: OSU Dubbed Over Evan Spencer’s Sugar Bowl TD Pass To Michael Thomas With A Van Gogh Quote

first_imgOhio State WR Michael Thomas TD Catch.Twitter/@OSUCoachMeyerOhio State fans wouldn’t be totally out of line called Evan Spencer’s double reverse touchdown pass to Michael Thomas in the Sugar Bowl against Alabama a “piece of art.” Apparently Urban Meyer (and/or whoever runs his Twitter account) agrees. Meyer tweeted out a video of the play, with a Vincent Van Gogh quote dubbed over it:“Great things are not done by impulse, but by a series of small things brought together.”Embrace The Grind pic.twitter.com/8Y9zsJzKl8— Urban Meyer (@OSUCoachMeyer) June 8, 2015We have to say, that quote sums up the game of football very well. [Eleven Warriors]last_img read more

Video: Colin Cowherd Is Unhappy That Coach K Lied About Dillon Brooks Exchange

first_imgColin Cowherd calls out Alabama on ESPN.COLIN cowherd alabama walmartSince Duke’s Sweet 16 loss to Oregon on Thursday night, there’s been plenty of chatter about Duke head coach Mike Krzyzewski’s conversation with Oregon’s Dillon Brooks and his initial denial that he reprimanded Brooks for hitting a meaningless three-pointer in the final seconds to make the score 82-68. Krzyzewski apologized over the weekend for not being truthful about his exchange with Brooks but there were some who still felt disappointed with what he did. Count Fox Sports’ Colin Cowherd among them. Cowherd spoke on his show today and said he felt “bummed” that Krzyzewski lied, saying he had held the coach to a higher standard. [email protected] is really bummed Coach K lied. #HerdHerehttps://t.co/YqgW96nm4p— Herd w/Colin Cowherd (@TheHerd) March 28, 2016Does Cowherd have a point here?last_img read more

India Iran Ink ShortTerm Lease for Part of Chabahar Port

first_imgzoom India has signed a short-term lease contract with Iran for a part of Chabahar Port.Under the contract between Port and Maritime Organization (PMO), Iran and India Ports Global Limited (IPGL), India would operate Shahid Beheshti Port, Phase 1 of Chabahar Port, for a term of one and a half year.Signed during Iranian president Hassan Rouhani’s recent visit to the country, the short-term lease would see India utilize Iranian equipment to conduct operations at the part of the port.As part of the deal, the country would launch operations at the 360-meter-long Shahid Beheshti Port by the end of May 2018, Hindustan Times cited sources close to the matter.“The successful inauguration of the Phase-1 of Chabahar Port in early December 2017; the ratification of the Trilateral Agreement between India, Iran and Afghanistan on Establishment of International Transport and Transit Corridor by all sides; and the successful shipment of wheat assistance from India to Afghanistan through Chabahar Port have opened a new gateway to and from Afghanistan, Central Asia and beyond,” Government of India writes.According to the Memorandum of Understanding (MoU), agreed between the countries in May 2016, India is to develop the Chabahar Port, which is located outside the Persian Gulf.Under the MoU, India would equip and operate two berths in Chabahar Port Phase-I with a capital investment of USD 85.21 million and annual revenue expenditure of USD 22.95 million on a 10-year lease.World Maritime News Stafflast_img read more

New deadline established for competition to design navys new warships

first_imgOTTAWA – Defence companies and shipbuilders competing to design Canada’s new fleet of warships have been given until Nov. 17 to submit their proposals.It’s the third such deadline for the design competition, which is the most recent — and arguably most politically sensitive — phase in the entire $60-billion plan to build 15 warships.Participating firms were originally supposed to have submitted their designs for the new vessels in April, but that deadline was pushed back to June before disappearing entirely.The question now is how many submissions the government will receive, whether any will meet the navy’s requirements, and when the winning design will be selected.Changes to the evaluation process have been made in case none of the designs match up with what Canada needs in its new warships, which will replace the navy’s 12 frigates and three destroyers.Meanwhile, time is of the essence because any delay in the construction schedule would push up costs and force the navy to operate its current warships longer than has been planned.last_img read more