Earlier, the court had also asked the Speaker to defer the decision in the matter till July 24. Meanwhile, refusing the Speakers’ plea, the Supreme Court allowed the state high court to rule on the validity of the anti-defection notices. But the decision in the state high court will be subject to the final decision in the top court as it involves the larger question whether a legislator’s voice can be shut down. The Congress leader said the common man, “mystified” by the orders of the high court, can take recourse to this passage by the top court in the Kihoto Hollohan case in 1992. Additionally, what conduct invites disqualification under the Tenth Schedule is the sole preserve of the Speaker.

Source: Hindustan Times July 25, 2020 12:52 UTC