Rajasthan High Court adjourned the hearing on dissident Congress MLAs' petition to Monday. The division bench of Rajasthan Chief Justice Indrajit Mahanty and Justice Prakash Gupta was hearing the petition filed by Sachin Pilot and 18 other Congress MLAs on Thursday, challenging the disqualification notices served by the speaker.
Among those sent notices are Vishvendra Singh and Ramesh Meena, who were sacked along with Pilot from the state cabinet after their rebellion against Ashok Gehlot. Others include Deepender Singh Shekhawat, Bhanwar Lal Sharma and Harish Chandra Meena, who had also given statements to the media challenging the Gehlot government.
Abhishek Manu Singhvi, who is also a Congress leader, represented the speaker's office. Harish Salve and Mukul Rohatgi, who have represented the BJP-led government at the Centre in the past, are the lawyers for the Pilot's camp. The choice of lawyers—Rohatgi and Salve—to plead on Pilot's behalf in the Rajasthan High Court have also raised eyebrows within the Congress, with some party leaders saying the selection suggested the BJP involvement.
Senior Advocate Harish Salve, appearing for the Pilot faction, submitted that violation of the party whip with respect to acts outside the House do not fall under the ambit of the 10th schedule of the Constitution. The notices were served after the ruling Congress complained to the speaker that the MLAs had defied a party whip to attend two Congress Legislature Party meetings, on Monday and Tuesday. In its complaint to the speaker, the Congress sought action against Pilot and the other dissidents under paragraph 2 (1) (a) of the Tenth Schedule of the Constitution. The Pilot camp, however, had then argued that a party whip applies only when the assembly is in session.
Salve further argued that raising voice against a chief minister (Gehlot) and his way of functioning does not amount to defection.
Sachin Pilot has been upset since the Congress picked Ashok Gehlot for the chief minister's post after the 2018 assembly polls. His supporters said he deserved credit for the party's victory election after a campaign helmed by him as its state unit chief.
In the 200-member assembly, the Congress has 107 MLAs and the BJP 72. If the Congress dissidents are disqualified, the current strength of the state assembly will reduce to 181, slashing the half-way mark to 91 and seemingly making it easier for Chief Minister Ashok Gehlot to retain majority support.
In the past, the ruling party has claimed the support of 13 independents, two MLAs each from the CPI(M) and the Bhartiya Tribal Party (BTP), and one from the Rashtriya Lok Dal (RLD).
