Rajasthan Political Crisis: Pilot camp reached High Court against disqualification notice, court sent case to double bench
In the midst of a political crisis in Rajasthan, Sachin Pilot’s camp has reached the High Court against the notice issued to cancel the membership of MLAs. The hearing of the case has been postponed till tomorrow. According to the news agency ANI, the pro-pilot MLA Prithviraj Meena has challenged the notice issued by the speaker of the state assembly to disqualify the MLAs. Harish Salve and Mukul Rohatgi represented him in the court regarding the case. The speaker was represented by Abhishek Manu Singhvi.
Lawyer Harish Salve said that this notice of the speaker should be canceled and declared illegal. Salve said that the speaker (Speaker of the Legislative Assembly) cannot issue notice for the proceedings taken out of the House. The notice has no constitutional validity. This notice should be immediately canceled and declared illegal. Harish Salve says the disgruntled MLAs want to challenge the constitutional validity of the disqualification notices issued by the Rajasthan Speaker. Salve says the petitioners will challenge the anti-defection law contained in the Tenth Schedule to the Constitution.
Due to the departure of MLAs, there will be a change in the assembly
If 19 MLAs lose their membership of the house, the equations will change in the assembly. According to experts, when the primary membership of 19 MLAs in the 200-member assembly is over, there will be 181 members in the house. The Congress currently has 107 MLAs. The number of MLAs will be reduced to 88 out of these 19. At the same time, there will be 181 members in the Assembly, the majority figure will be 92. In this situation, the Congress will have 88 members. It will need the support of four other members. The Congress claims that it has the support of two CPM and two Bharatiya Tribal Party (BTP) MLAs along with 10 Independents. If these were added, then the Congress would have 102.
In this case, the first notice was asked to be postponed by Harish Salve, but he did not get relief. After this, Salve asked the court for time in this case. Hence, further hearing can be held till tomorrow. The next hearing will be held by the bench, for which CJ will decide the bench.
It is worth mentioning that Pilot and 19 MLAs of his camp did not attend the Congress Legislature Party meeting on Monday and Tuesday. After this, the Congress Party took a major action and removed Pilot from the post of Deputy Chief Minister and as President of the State Congress Committee. Not only this, the party also started preparing to disqualify them from the assembly. Assembly Speaker Dr. CP Joshi issued a notice to 19 MLAs of his camp including Pilot. The pilot camp is to respond to this notice by Friday.
Advocate Harish Salve says the dissident MLAs want to challenge the constitutional validity of the disqualification notices issued by the Rajasthan Speaker. Salve says the petitioners will challenge the anti-defection law contained in the Tenth Schedule to the Constitution.
What is the matter
Explain that late Tuesday night, Chief Whip of the Government of Rajasthan, Dr. Mahesh Joshi had filed a petition in the mail regarding this. It was said in the petition that Pilot and his supporting MLAs violated the whip by not attending the Congress Legislature Party meeting for two consecutive days. After this, Assembly Speaker Dr. CP Joshi took notice of the matter immediately and opened the assembly in the night and issued notices to 19 MLAs including Sachin Pilot. Not only this, the family members of Gajendra Singh Shaktawat and Ramnivas Gavadia refused to take notice, the notice was pasted outside their house.
Question of legality of notice
Former Rajasthan High Court judge Panchand Jain termed the entire action as wrong. According to him there is no validity of such notice. He says that the whip cannot be issued outside the assembly. The Speaker did not take a prudent decision in the case. He also misjudged the way MLAs pasted notices outside their homes.
Notice to these legislators
Apart from Sachin Pilot, Vishvendra Singh, Ramesh Meena, Bhanwarlal Sharma, Hemaram Chaudhary, Gajendra Singh Shaktawat, Dependra Singh Shekhawat, Ramnivas Gawadia, Indraj Gurjar, Murarilal Meena, Gajraj Khatana, besides Sachin Pilot. PR Meena, Rakesh Pareek, Ved Prakash Solanki, Suresh Modi, Mukesh Bhakar, Harish Meena, Brijendra Ola and Amar Singh.