The Rajasthan High Court has deferred hearing on plea by sacked Deputy Chief Minister Sachin Pilot and 18 Congress rebel MLAs for 10 am on Monday. The state Assembly Speaker has undertaken that no action will be taken against any MLA till 5:30 pm on Tuesday.
Appearing for the petitioners, senior lawyer Harish Salve argues that acts taking place outside the Assembly do not fall under the ambit of the Tenth Schedule, and raising concerns over “dictatorial functioning” by the CM is an internal matter of the party which doesn’t amount to defection or antiparty activity.
He said that filing of FIRs accusing the Deputy CM and MLAs of sedition is an arm-twisting tactic and exercise of freedom of speech cannot amount to defection. He sought an immediate stay on the Speaker’s disqualification notice, terming it as baseless.
Appearing for the petitioners, senior lawyer Mukul Rohatgi argued that “party whip” doesn’t apply to meetings in hotels and resorts, neither is staying in a hotel against party norms.
Appearing for Rajasthan Assembly Speaker, senior lawyer Abhishek Manu Singhvi sought rejection of the petition filed by Pilot and 18 MLAs and termed it as premature. Singhvi will continue his arguments on Monday.
Rajasthan High Court was hearing a petition filed by Sachin Pilot and 18 Congress rebel MLAs against the disqualification notice issued by Assembly Speaker C.P. Joshi to disqualify them as MLAs.
The petition stated: “None of the petitioners herein have either by express conduct or implied conduct, indicated to the members of their constituencies and/ or the public at large of their intention to leave or voluntary give up the membership of Indian National Congress.” The petition junked the allegations as baseless and said that petitioners had no intention to voluntarily give up membership of the Congress Party.
Petitioners claim that mere expression of disagreement with certain policies or decisions taken by some members of the party can’t be held tantamount to acting against interests of the party or the continuation of the state government.
The petition also highlights that even if a person is expelled from a political party, he/she continues to be a member of the said political party for all practical purposes under Explanation (a) to Para (2) of the Tenth Schedule.
The plea seeks to quash notices on the ground that they were issued without jurisdiction, with an abuse of powers under Tenth Schedule to «stifle the freedom of speech» of petitioners and to impose the majoritarian views of the party on them. The ruling Congress dispensation sought disqualification of MLAs from assembly for ‘anti-party activities’ under the Tenth Schedule of the Indian Constitution, while they were given time to respond to the Speaker’s notice by Friday.
