Rajasthan high court’s crucial order on Team Pilot’s petition

Mangalore Today News Network

Jaipur, Jul 24, 2020: The Rajasthan high court has started the hearing in a case which can end the political crisis plaguing the state. The case has been filed by Sachin Pilot and 18 other dissident Congress MLAs against the disqualification notice served to them by Rajasthan Speaker CP Joshi.

The Supreme Court had refused to stay the proceedings of the high court on Thursday. Hearing a petition filed by Rajasthan assembly Speaker CP Joshi, the apex court said that “voice of dissent” in a democracy cannot be shut down.

Pilot and 18 other dissident MLAs have challenged a disqualification notice given by the Speaker in the high court. In the last hearing, the Rajasthan high court had asked the Speaker to wait for its verdict on Friday before taking any action against Team Pilot.

But Joshi had moved the apex court to challenge the “direction” given to his office by the court. He had contended in his petiton that the court cannot interfere in legislative matter, and that the action against the dissident MLAs should be decided by his office.

The notice was given on the request of Congress’ chief whip who said Pilot and his supporters did not attend the party’s CLP meetings. The Pilot camp, however, argued that a party whip applies only when the assembly is in session.

The apex court, which heard the matter through video-conferencing, said that issue raised in the plea filed by the Speaker required “prolonged hearing” as it involved “larger question” related to the democracy and how it will survive.

“As the high court has already heard the matter after prolonged arguments and reserved the order, we are not staying the passing of the order, however, whatever order is passed, shall be ultimately subject to the outcome of this petition,” the bench comprising justices Arun Mishra, B R Gavai and Krishna Murari, said and fixed the matter for hearing on July 27.

The high court, meanwhile, accepted another application filed by Pilot to include the Union government in the list of respondents. Pilot had contended that Tenth Schedule’s constitutional validity was under challenge and therefore, the Union of India was a necessary party now.

On Friday, the dissident Congress MLAs led by Pilot had challenged their disqualification notices through a writ petition which was taken up by a bench of Rajasthan High Court, comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta, and arguments were held.

The hearing continued on Monday and the arguments concluded on Tuesday.


courtesy: Hindustan Times