An appeal was filed before the top court against a Rajasthan High Court order which on Thursday declined to stay the counting of votes which will be cast on Friday by the six MLAs, who had defected to the Congress Party.
The High Court had also refused the interim prayer to put the Rajya Sabha poll results on hold till the petition challenging the MLAs’ defection was disposed of.
The plea before the High Court was filed as a public interest litigation by one Hemant Nahta (appellant) but the High Court declined interim relief prompting Nahta to move the top court the very same day.
The matter was mentioned before a vacation bench comprising Justices MR Shah and Aniruddha Bose for urgent listing.
“This is a matter of grave urgency. It concerns the Rajya Sabha election. Plea is being drafted against the order of today morning of Rajasthan High Court. Please list this,” the appellant’s counsel urged.
The bench expressed its inability to list the plea and asked the petitioner to mention the case before the Chief Justice of India (CJI) and speak to the Supreme Court Registry.
“We cannot list it like this,” Justice Shah remarked.
Source: Barandbench
