The Supreme Court ON Wednesday declined any interim relief to nine disqualified Uttarkhand MLAs, who have sought a stay on their disqualification and permission to participate in the assembly session, commencing from July 21 in Dehradun.
A bench comprising Justices Dipak Misra and R F Nariman, however, said that the notice, given by these MLAs and BJP lawmakers, will remain alive and would be subject to the final outcome of its judgement on the petition filed by MLAs.
“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,” the court said.
The bench, meanwhile, decided to prepone the hearing on the appeal filed by rebel MLAs, including Kunwar Pranav Singh Champion, on July 28.
The lawmakers, in their fresh plea in the pending appeal, referred to the recent apex court judgement in the Arunachal Pradesh case in support of their petition that they cannot be disqualified by the Speaker facing resolution for removal.
The Nainital High Court had upheld the decision of the Assembly Speaker Govind Singh Kunjwal to disqualify Champion and others including former Chief Minister Vijay Bahuguna and two sets of appeal are pending in the apex court against the disqualification.