Rajasthan HC to pronounce verdict on plea of Sachin Pilot & 18 other MLAs on July 24

On Tuesday, a two-judge bench of the Rajasthan HC comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta reserved the order on the plea filed by Sachin Pilot and 18 other Congress MLAs challenging the disqualification notice issued to them by the Assembly Speaker. After no conclusion was reached despite arguments being heard till Monday evening, the hearing recommenced at 10.30 am on Tuesday. Senior advocate Mukul Rohatgi concluded the arguments for the petitioners.

During the hearing, the bench allowed the application of intervener Public Against Corruption, an NGO.  Later, all parties were directed to submit their written submissions by 2 pm. The Rajasthan HC will pronounce its verdict on July 24. Most importantly, the Assembly Speaker has been requested not to take any coercive action against Pilot and 18 other Congress MLAs until the verdict is pronounced.

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Arguments in the court

Earlier, Congress MP Abhishek Singhvi appearing for the Speaker had argued that the petition was premature as the Speaker was yet to take a decision on disqualifying the MLAs. He maintained that there no court could intervene at this juncture. Moreover, he added that the Speaker was supreme as far as the Legislative Assembly is concerned and that there was no need to record reasons in the show-cause notice.

However, the Pilot camp stressed that the party whip applies only when the Assembly is in session. The Congress party had sought action against Pilot and the other rebel MLAs under 2(1)(a) of the 10th Schedule of the Constitution. This provision disqualifies legislators if they "voluntarily" give up the membership of the party which they represent in the House. 

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The increasing rift between Pilot and Gehlot

On July 13, the Congress Legislative Party in Rajasthan passed a resolution unanimously supporting the state government led by Chief Minister Ashok Gehlot. The MLAs also condemned all acts intended to weaken the government. They also called for strict disciplinary action to be taken against any Congress MLA or office-bearer of the party directly or indirectly involved in anti-party activities.

Sachin Pilot and his loyalists stayed away from this meeting. Furthermore, they rejected the Congress party's overtures by refusing to attend the second CLP meeting convened on July 14. Subsequently, Pilot was sacked as the Rajasthan Deputy CM and the PCC chief. After the Assembly Speaker issued a disqualification notice to the Pilot camp, they moved the Rajasthan HC to quash the notice. 

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(With PTI inputs)