On Tuesday, the Rajasthan High Court reserved decision on the petition filed by the rebel congress MLAs led by Sachin Pilot challenging the notices issued by the speaker to start the disqualification proceedings. The bench comprising of Chief Justice Indrajit Mahanty and Justice Prakash Gupta will deliver the decision on 24th July.
The court also requested the speaker to postpone the decision on disqualification proceedings by the time till court delivers the verdict. On 14th July, Dr. D C Joshi, the speaker, served the notice on 19 opposing MLAs including Pilot and their rebellion against the chief minister, Ashok Gehlot. They were initially be given time till 17th July, 1 PM to submit the replies. The main ingredients of the notices was complained by Mahesh Joshi, the congress leader who alleged that the rebel MLAs has tended to the disqualification which is mentioned under Tenth Schedule of Indian Constitution with their anti-party statements and refused to attend the meetings on 13th and14th July by denying his directives. In the meanwhile, the 19 MLAs went to the High Court on 16th July by challenging the speaker’s action. The court started hearing the matter on Friday and because of the pendency of the proceeding the speaker extended the time for the reply. Senior Advocates Harish Salve and Mukul Rohatgi appearing for the petitioner argued that the petitioner had not defected or given up the membership of congress. They are expressing dissent against the functioning of the chief minster by staying within the party. Stating that intra-party dispute cannot be regarded as voluntary giving the membership, they contended that the speaker has no jurisdiction to issue notice against them by citing paragraph 2(1)(a) of tenth schedule of the Indian Constitution.