Top court refuses to stop Raj HC from announcing decision on petition by Pilot, rebel MLAs challenging disqualification notices for defying Congress
With all eyes on the Rajasthan High Court on Friday over the Rajasthan political impasse, Congress rebel leader Sachin Pilot on Thursday scored a point in the Supreme Court in his fight against Rajasthan Chief Minister Ashok Gehlot.
The Supreme Court refused to stop the Rajasthan High Court from announcing its decision on a petition by Pilot and 18 other rebel MLAs challenging disqualification notices served to them for defying the Congress.
The Rajasthan Speaker, who served the notices last week, had argued that the rebels cannot petition the High Court at this stage. The Rajasthan High Court’s ruling will, however, be subject to the final order of the Supreme Court, which will take up the case on Monday.
Gehlot who wrote a letter to Prime Minister Narendra Modi complaining him about conspiracy to topple his Government, asserted that the alleged audio tapes that has surfaced with allegations of involvement of a Union Minister of payoffs to legislators is very much authentic and can be sent abroad for further authentication.
“It is the matter of just one day. Why can’t you wait,” the Supreme Court asked the Speaker during arguments on blocking the Rajasthan High Court verdict. The judges also questioned why the Speaker, a neutral person, should approach the court at all.
“Assume a leader has lost the faith of persons. While remaining in party they cannot be disqualified. Then this will become a tool and no one can raise their voice. The voice of dissent in a democracy cannot be suppressed like this,” said Justice AK Mishra, one of the three judges hearing the case, without referring to Rajasthan.
Justice Mishra was responding to the arguments of senior lawyer Kapil Sibal defending the Speaker’s right to serve disqualification notices and ask the rebels why they skipped party meetings. “The High Court cannot give any protective order at this stage to the other camp. No court can intervene when the Speaker is deciding the case,” Sibal said.
Speaker CP Joshi had served notices to 19 rebel MLAs, including Sachin Pilot, after they skipped two meetings of Congress MLAs called by Chief Minister Ashok Gehlot last week. The rebels argued in court that they do not intend to quit the party; they only want a change in the leadership. But Sibal said their act of not joining the meetings amounted to giving up their membership.
The Speaker’s sudden move to seek the SC’s intervention reflects the Congress’s worry that a legal victory for the rebels may endanger its Government in Rajasthan.
Ashok Gehlot’s Government has a narrow lead in the 200-member Assembly — just one MLA over the majority mark of 101. If the Rajasthan High Court decides the Speaker can continue the process of disqualifying team Pilot’s 19 MLAs, Gehlot can win more easily as the majority mark will come down.
If the rebel MLAs win their case and get protection from disqualification, they can vote against the Congress Government and make it tough for Gehlot to retain power.
Gehlot a day earlier wrote to Modi alleging attempts to dislodge his Government by the BJP and named Union Minister Gajendra Singh Shekhawat along with “over-ambitious” members of his own party.
Gehlot on Thursday said the audio tapes that proved the alleged BJP conspiracy to topple his Government will be tested in the US for authenticity.
The leaked tapes that were widely circulated on social media allegedly had Union Minister Gajendra Singh Shekhawat conspiring against the Rajasthan Government with two rebel MLAs. The rebel leaders and the BJP have alleged that tapes are not genuine and have been made to malign them.
“They don’t trust the Special Operations Group. We don’t trust their CBI. Best to send it to US for tests in forensic labs,” Gehlot told reporters in Jaipur.
Congress has already suspended Bhanwar Lal Sharma and another MLA, Vishwendra Singh, who were allegedly among those discussing cash transactions with Gajendra Singh Shekhawat.
Claiming that the tapes were fake and he was ready to face investigation, the Union Minister said, “The audio doesn’t have my voice. If I am called for questioning, I will definitely go”.