THE SUPREME Court Wednesday declined immediate reprieve to nine Uttarkhand MLAs disqualified by the Speaker, but agreed to examine the correctness of the decision to disqualify them.
“We are inclined to state that if the motion that was moved by the petitioners (rebel MLAs) for removal of Speaker is taken up anytime in the Uttarakhand Legislative Assembly, the same shall be subject to final adjudication of the SLP and all the issues raised in the petition, including the jurisdictional issue, are kept open,” said a bench of Justices Dipak Misra and Rohinton F Nariman.
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The MLAs had sought a stay on their disqualification citing the Constitution Bench judgment in Arunachal case. The court had ruled in the case that if a notice to remove the Speaker had been moved, the Speaker could not go ahead and disqualify members of the House until majority of the legislators repose confidence in him.
The MLAs further asked for permission to participate in the Assembly session, starting July 21 in Dehradun. But the court said it would need to examine the issues in entirety and will hear it on July 28.
The Nainital High Court had upheld the decision of Assembly Speaker Govind Singh Kunjwal to disqualify nine MLAs, including former Chief Minister Vijay Bahuguna, on March 27.