Justice Jyoti Saran passed the order, dismissing Kushwaha's petition saying the prayer was premature.
The rebel JD(U) MLA had moved the court two days ago challenging the show cause notice asking her to explain why her membership should not be scrapped under the provisions of the anti-defection law for her alleged involvement in anti-party activities.
The court had yesterday reserved its order on Kushwaha's petition after conclusion of argument by the contending parties.
Representing the Speaker, Principal Additional Advocate General Lalit Kishore contended before the court that it has no jurisdiction to interfere in the matter or proceedings and referred to Article 212 of the Constitution which says 'no court should interfere in the matter before the legislature during the proceeding on the alleged ground of illegality or irregularity'.
The dismissal of Kushwaha's writ petition is deemed as a major setback to the JD(U)'s rebel group who have been steadfastly backing the independent nominees, Anil Sharma and Sabir Ali, in the bypoll for the two Rajya Sabha seats against the ruling party's official candidates Pawan Verma and Gulam Rasool Balyawi.