Rajasthan HC likely to pronounce judgement on Pilot camp's writ petition today

Rajasthan High Court is likely today pronounce its judgement on the writ petition filed by Sachin Pilot's camp against disqualification notices issued to them. The Pilot camp had earlier requested the Legislative Assembly Speaker to defer action on the notices till today, to which Speaker C P Joshi had agreed.

Jaipur: The Rajasthan High Court is likely to pass appropriate orders on the writ petition filed by Sachin Pilot and 18 dissident legislators against the disqualification notices issued to them, today.

The Pilot camp had earlier requested the Legislative Assembly Speaker to defer action on the notices till today.

Assembly Speaker C P Joshi agreed to the request and deferred his decision on disqualification notices till today evening.

A division bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta on Tuesday heard the closing arguments of senior advocate Mukul Rohatgi, counsel for the petitioners, followed by a reply by senior advocate Devadatt Kamath, who appeared for Congress chief whip Mahesh Joshi.

Kamath argued that by refusing to attend Congress Legislature party meeting the MLAS invited disqualification under Para 2(1)(a) of the 10th Schedule of the Constitution. The provision disqualifies MLAs if they 'voluntarily give up' the membership of the party which they represent in the House.

He contended that the 10th Schedule applies to the conduct outside the House. He referred to parliamentary committee reports on the 10th Schedule, which observed that those who break party discipline should be punished.

Arguments were heard and completed on Tuesday. All the parties have been asked to file their written arguments by Friday.

Earlier, appearing for the Speaker, Abhishek Singhvi argued that proceedings under the 10th Schedule of the Constitution is a proceeding of the Assembly and thus cannot be called into question before any court of law, that includes the high court.

The court also allowed the application of three other parties to be included as respondents and heard them on Tuesday.

"It will become clear on July 24 whether the court pronounces the final order or interim order," the counsel for the Speaker said.

Earlier, the counsels had told reporters that the order has been reserved.

On Tuesday evening, Speaker C P Joshi reached the Assembly to meet the counsels and decided to defer the decision on the disqualification notices till Friday evening.

Pilot and the 18 dissident Congress MLAs have challenged their disqualification notices in the high court through a writ petition. The petition was taken up by the division bench on Friday and arguments were held.

The high court had on Friday given a four-day reprieve to Sachin Pilot and other Congress dissidents from any action by Rajasthan Speaker on the disqualification notices served on them by extending the hearing into their petition.

The hearing continued on Monday but it remained inconclusive and resumed on Tuesday.

The notices to MLAs were served after the party complained to the Speaker that the legislators had defied a whip to attend two Congress Legislature Party meetings, on Monday and Tuesday last week.

The Pilot camp, however, argued that a party whip applies only when the assembly is in session.

In its complaint to the Legislative Assembly Speaker, the Congress had sought action against Pilot and the other dissidents under paragraph 2(1)(a) of the 10th Schedule of the Constitution.

Pilot was sacked as deputy chief minister and the president of the state unit of the party after he rebelled against Chief Minister Ashok Gehlot.

PTI