Rajasthan HC bars Assembly Speaker from disqualification action till Tuesday
Rebel Congress leader Sachin Pilot and 18 other Congress dissident MLAs on Friday got a four-day reprieve from any action by the Assembly Speaker on the disqualification notices served on them after the Rajasthan High Court extended its hearing on the issue to next week.
The division Bench, hearing the dissident MLA petition against the Speaker’s notices, fixed the next hearing for 10 am on Monday. The counsel for the Speaker assured the court that no order shall be passed on the notice till 5.30 pm on Tuesday.
Senior counsel Abhishek Manu Singhvi, who is also a Congress leader, represented the Speaker’s office, while Harish Salve and Mukul Rohatgi, are pleading on behalf of the Pilot camp.
The Pilot camp has argued that a party whip applies only when the Assembly is in session. In its complaint to the Speaker, the Congress had 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 the House. The Congress claimed that this is the inference that can be drawn from the MLAs’ conduct. But the dissident camp said Pilot never indicated any intention to leave the party.
Salve said the petitioner has only raised his voice against the “ dictatorship” of the Chief Minister and has nothing to break the party.
He said this was his exercise of the freedom of speech of legislators and will not amount to “ defection” .
“ If there is an act outside the Assembly, it will not come in the 10th schedule. If there is a difference of opinion with the CM or you speak against him, then he will not fall in the category of disqualification,” he said, adding, “ Acts outside the House are not a violation of anti-defection law.”
He said a party whip applies only when the assembly is in session. He said the whip is not applicable to meetings in homes and hotels.
Salve said, “ Registering an FIR accusing the Deputy CM and MLAs of treason is an armed-twisting tactic.”
“ Pilot has put forth his point by telling the truth. It does not fall under the category of disqualification,” Salve said, adding, “ Pilot and others have put forward their views in the party, and have not resigned. Nothing has been done against the party’s reputation with any of their activities. Our stay in the hotel is not a violation of party rules.”
Former Attorney General and senior counsel Mukul Rohatgi, also argued that this matter didn’t come under the ambit of the 10th schedule. “ Pilot’s group did not revolt. Freedom of speech is the legislators’ authority,” he said, adding, “ The legislators, within the party, raised their voice. This cannot be brought under the ambit of disqualification.”
Singhvi said the petition of Pilot and 18 other MLAs is premature and hence not maintainable. He said the petition should be dismissed and the MLAs should be asked to raise the contentions before the Speaker.
The Bench adjourned the hearing till Monday and asked the Speaker not to take any action against the MLAs till Tuesday.
Earlier, Speaker CP Joshi had written to the court that the notices will not be acted upon till 5 pm on Friday. The counsel agreed to extend this to 5 pm on Tuesday as the court is yet to give an order on the petition.
The petition had challenged the notices based on a Congress complaint that the MLAs should be disqualified from the Rajasthan Assembly for defying a party whip.
The court of Chief Justice Indrajit Mahanty and Justice Prakash Gupta also asked Congress chief whip Mahesh Joshi, who had filed the complaint before the Speaker, to respond to the dissidents’ petition by Saturday.
Pilot was sacked as deputy Chief Minister and the president of the State unit of the party after he rebelled against Rajasthan Chief Minister Ashok Gehlot.
Hearing on the writ petition moved by Pilot and others challenging the Speaker’s notices was adjourned to July 20.
The High Court directed the Speaker not to take any action in the matter till 5.30 pm on July 21.
The High Court also allowed Congress Chief Whip Mahesh Joshi, who had filed the plea for disqualification before the Assembly Speaker, to be impleaded as a party in the case and asked him to file his reply by Saturday.
The notices had asked the MLAs to respond by Friday to the Congress move to disqualify them from the State Assembly.
The notices were served after the party complained to the Speaker that the MLAs had defied a whip to attend two Congress Legislature Party meetings, on Monday and Tuesday. The Pilot camp, however, argued that a party whip applies only when the Assembly is in session.