Rebel Rajasthan MLAs get reprieve till Tuesday
Speaker assures court no action on disqualification notices until 5.30pm Tuesday
JAIPUR/NEWDELHI: Sachin Pilot and 18 other rebel Congress MLAs got a four-day breather on Friday as the Rajasthan high court directed that no action be taken against them until Tuesday as it deferred the hearing of their plea challenging the state assembly speaker’s disqualification notices, even as Rajasthan and Haryana police personnel were locked in a dramatic stand-off over access to the dissident legislators.
The speaker assured the court that till 5.30pm on Tuesday he would not act on the notices issued to the dissident legislators over their failure to attend a Congress Legislature Party meeting. The bench of chief justice Indrajit Mahanty and justice Prakash Gupta also asked Congress chief whip Mahesh Joshi, who had filed a complaint before the speaker, to respond to the dissidents’ petition by Saturday. The division bench heard the case from 1pm onwards but arguments could not be completed.
Senior lawyer Abhishek Manu Singhvi representing the speaker will resume his arguments at 10am on Monday. Senior counsel Harish Salve and Mukul Rohtagi representing Pilot and others completed their side of arguments.
The Pilot camp has argued that a party whip applies only when the assembly is in session. “Propriety demands that when the matter is in court action should not be taken. We have assured the court that the speaker will not take any action till the matter is being heard by the division bench,” said Prateek Kasliwal, counsel for the speaker.
The developments came on a day that saw dramatic scenes outside the ITC Grand Bharat hotel in Gurugram where a team from the special operations group (SOG) of Rajasthan police went to question the rebel legislators and was stopped by Haryana police personnel. The team was eventually allowed to enter after a long stand-off.
“None of the MLAs were there. We searched the entire resort but failed to find them,” said an SOG officer. Another Rajasthan police official said the MLAs were shifted to another hotel in Gurugram, about 8km from the ITC Grand Bharat.
HC DEFERS HEARING OF PLEA CHALLENGING ASSEMBLY SPEAKER’S DISQUALIFICATION NOTICES TO 19 MLAS
Sachin Pilot and 18 other rebel Congress MLAs got a fourday breather as the Rajasthan high court on Friday directed that no action be taken against them until Tuesday, while deferring the hearing of their plea challenging the state assembly speaker’s disqualification notices.
The speaker assured the court that he would not act till 5.30pm on Tuesday on the notices issued to dissident legislators over their failure to attend two Congress Legislature Party (CLP) meetings. The bench of chief justice Indrajit Mahanty and justice Prakash Gupta also asked Congress chief whip Mahesh Joshi, who had filed a complaint before the speaker, to respond to the dissidents’ petition by Saturday.
Senior lawyer Abhishek Manu Singhvi, representing the speaker, will resume his arguments at 10am on Monday. Senior counsel Harish Salve and Mukul Rohtagi, representing Pilot and others, completed their side of arguments.
“Propriety demands that when the matter is in court action should not be taken. We have assured the court that the speaker will not take any action till the matter is being heard by the division bench,” said Prateek Kasliwal, counsel for the speaker.
The MLAs, who moved the court challenging the notice issued to them by assembly speaker CP Joshi on July 14 seeking an explanation on why they should not be disqualified from the assembly, told the court that ruling party legislators disagreeing with the manner of functioning of the chief minister cannot be construed as indicating their intention to leave the party so as to trigger the anti-defection law.
Criticising the party leadership is an exercise of freedom of speech and cannot be a ground for disqualification on the grounds of defection, Salve added. “Raising disagreements is an exercise of freedom of speech and will not amount to defection,” he said.
The petition challenged the speaker’s notice, which was based on a complaint by Mahesh Joshi, that the MLAs should be disqualified from the Rajasthan assembly for defying the whip.
In his complaint to the speaker, Mahesh Joshi sought action against Pilot and the other dissidents under Clause 2 (1) (a) of the Tenth Schedule of the Constitution. This clause provides for disqualification of MLAs if they “voluntarily” give up the membership of the party which they represent in the House.
Mahesh Joshi cited the absence of the dissident MLAs in CLP meetings of July 13 and 14 despite specific direction to attend the same along with hostile conduct against the Congress, as indication of the dissidents’ intention to leave the party.
But the dissident camp said Pilot had never indicated any intention to leave the party.
“Party whip is not applicable when it comes to meetings at homes and hotels, it applies only to proceedings within the assembly,” he argued.
Singhvi questioned the maintainability of the plea stating that it is a settled position of law that courts cannot interfere with the disqualification proceedings under tenth schedule until the speaker gives a decision. A challenge in court to a speaker’s notice to show cause, is premature, he said.
Both Congress and BJP spokespersons declined to comment on court’s proceedings.
Political analyst Narayan Bareth said the court’s order was a temporary relief. “The day’s development will not come as a shock to government but to the dissidents as they had gone to the court with hope of getting relief.”