Former Rajasthan Deputy Chief Minister Sachin Pilot (he has been removed from his post) and the rebel MLAs supporting him, had moved the Rajasthan High Court today (July 16) on an urgent petition, challenging the notices issued by Rajasthan Assembly Speaker CP Joshi after the Ashok Gehlot government sought their disqualification.
Joshi had issued notices to Pilot and 18 other dissident Congress MLAs on Yesterday (July 15).
The matter has now been deferred.
Senior Advocate Harish Salve appearing for Pilot submitted that the Speaker’s notice should be cancelled and should be declared illegal. He also asked for time to amend the petition. The court granted the time and adjourned the hearing. Now the case will be presented before the appropriate bench with modification.
It was argued on behalf of Pilot that the constitutional aspects have been chosen in the petition. Therefore, the matter should be listed for hearing before a two-member bench.
In its complaint to the speaker, the Congress sought action against Pilot and the other ‘dissidents’ under paragraph 2(1)(a) of the Tenth Schedule of the Constitution. The provision disqualifies MLAs if they ‘voluntarily’ give up the membership of the party which they represent in house.
The petition by the rebel Congress leaders accused Joshi of acting under the influence of Gehlot. “I fear the Speaker would act as per Gehlot’s instruction, without giving us a fair hearing,” the original plea had added. Apart from Salve the other Senior Advocate in fray is Mukul Rohatgi.
Read the order here;
– India Legal Bureau
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