Relief to Sachin Pilot, 18 MLAs as Rajasthan HC orders status quo on disqualification notices
On Friday, HC also allowed the petition filed by the Pilot camp to add the Union of India as a respondent to the case in view of the challenge to the paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India, which deals with anti-defection.
The Rajasthan high court (HC) on Friday ordered a status quo on the disqualification notice issued to 19 rebel Congress lawmakers, including sacked deputy chief minister Sachin Pilot, by Assembly Speaker CP Joshi in what is being interpreted as a temporary relief to the challengers to the Ashok Gehlot-led government in the desert state.
The court said that it would put off the judgement on the petition until the Supreme Court takes a call on it.
The status quo implies that Speaker Joshi would not be able to proceed further on the show-cause notice, which was issued to 19 dissident Congress members of the Rajasthan legislative assembly (MLAs) on July 14, even if these ‘erring’ legislators did not submit their replies.
On Friday, HC also allowed the petition filed by the Pilot camp to add the Union of India as a respondent to the case in view of the challenge to the paragraph 2(1)(a) of the Tenth Schedule of the Constitution of India, which deals with anti-defection.
The two-member HC division bench, comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta, had reserved its verdict on the petition on July 21, requesting Speaker Joshi to extend the time for the submission of replies to the notice until the apex court gives its pronouncement.
The earlier deadline was 5:30 pm on July 21 (Tuesday), which has already lapsed.
On Wednesday (July 22), the bench had said: “We further request the Speaker to extend the said petition till the delivery of the order by this court on July 24 (Friday) and we direct accordingly,” said the HC order.
The Speaker had objected to the use of the word “direct” in the HC order and questioned the legal intervention at the stage, when the notice had been issued and moved the SC against the lower court’s order.
Joshi had cited that in 1992, the SC’s constitutional bench had settled that Speaker was competent to decide anti-defection petitions.
On Thursday, the apex court had ordered that the HC judgement would be subject to the SC order in the petition filed by the Speaker.
A three-member SC bench, headed by Justice Arun Mishra and also included Justices BR Gavai and Krishna Murari, had observed that the matter required prolonged hearing due to the serious question relating to democracy and adjourned the hearing to July 27 (Monday).
On July 14, Joshi had sought the 19 rebel Congress MLAs’ response within three days on the reason why they should be disqualified under the Tenth Schedule of the Constitution of India while citing that they have voluntarily given up the membership of the party.
The Pilot camp had challenged the Speaker’s notice in HC.
Senior counsel Harish Salve and Mukul Rohatgi, who had appeared for the petitioners, argued that the MLAs had not defected or given up membership of the Congress, and, as a result, could not be disqualified.
HC on Friday said it could not decide on two prayers of the petitioners in which they wanted the court to uphold their status as MLA on the account of their being be a member of the Congress and on the challenge to section 2 of the Tenth Schedule of the Constitution.
The bench said it would only hear the other plea that related to quashing or setting aside the show-cause notice issued by Speaker Joshi on July 14.
