Hearing on the petition filed by Sachin Pilot and 18 other Congress MLAs in the Rajasthan High Court will continue today. Appearing for Rajasthan Assembly Speaker, senior lawyer A.M. Singhvi argued that until the Speaker decides on disqualification notices, courts have no jurisdiction.
He argued: “This petition is based on the show-cause notice issued by the Speaker. Unless the Speaker has disqualified you, you cannot approach in the interim.” Singhvi added, “19 MLAs will have different facts. The matters have to be decided by the Speaker on a case to case basis. Speaker’s exercise of power cannot be interdicted at this juncture. Voluntary giving up of party membership is to be read widely; no need for formal resignation; giving up of membership can be inferred from conduct.” Singhvi told the court: “Non-attendance in a party meeting may or may not amount to voluntary giving up of party membership. That depends on the facts, and the Speaker has to be given the opportunity to decide on that. In any case, in the instant case, the petitioners now have got 7 days time to submit a reply.”
The court asked Singhvi: “If the Speaker is required to make any application of mind before initiating the proceedings under the anti-defection law, is he bound to record his reasons while issuing the notice?” Singhvi answered that the complaint has to be under the anti-defection law for the Speaker to be able to issue a notice on it.
Appearing for the petitioners, senior lawyer Harish Salve argued that the Speaker has appeared before the court and has argued in favour of disqualification of MLAs which means that he has made up his mind without hearing the petitioners. Salve argued: “The Kihoto Hollohan judgment regarded defection to be going from party A to party B. Intra-party differences cannot be considered as defection. There is a difference in saying courts will generally not interfere with Speaker’s decision and courts have no supervisory power. Courts can exercise jurisdiction over the decision of the Speaker.”
The court observed “that whip cannot be issued with respect to a party meeting and Whip can be only with respect to the Assembly Session”. It asked Senior Advocate Devadatt Kamat, “You say these members have voluntarily given up their membership of the party. Now you have issued suspension against them. The assumption behind suspension is that they are members.”
Kamat appearing for Congress Party Whip, Mahesh Joshi, answered that initiation of disqualification proceedings do not bar disciplinary proceedings within party.
The Rajasthan HC is hearing a petition filed by Sachin Pilot and 18 Congress rebel MLAs against the disqualification notice issued by Assembly Speaker CP Joshi to disqualify them as MLAs.