Plea filed in Rajasthan HC seeking removal of Governor Kalraj Mishra amid political crisis

Amid the political chaos in Rajasthan, a city-based lawyer has filed a petition in the High Court seeking directions to the central government to advise the President to remove Governor Kalraj Mishra. The petitioner, Shantanu Pareek, claimed that the governor has failed to fulfil his constitutional obligations by not calling a session of the Assembly as recommended by the state cabinet.

The Ashok Gehlot-led Congress government, which is facing a political crisis after a rebellion by the now sacked deputy chief minister Sachin Pilot and 18 other dissident MLAs, says it wants to hold an Assembly session and has forwarded its recommendations to the governor. Governor Mishra has returned the cabinet recommendations for calling an Assembly session twice with queries and suggestions to the state government. 

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Speaker withdraws plea

Meanwhile, the Supreme Court on Monday allowed the Rajasthan Assembly Speaker to withdraw his appeal against the high court's order asking him to defer till July 24 the disqualification proceedings against sacked deputy chief minister Pilot and 18 dissident Congress MLAs.

Senior advocate Kapil Sibal, appearing for Speaker C P Joshi, told a bench headed by Justice Arun Mishra that the Rajasthan High Court had passed a fresh order on July 24 and they were weighing the legal options. While withdrawing the plea, Sibal told the bench that the appeal had become infructuous as the apex court did not stay the earlier high court order passed on July 21 asking the Speaker to defer disqualification proceedings.

The high court had ordered on July 24 maintenance of status quo on the disqualification notice issued by the Speaker to 19 dissident Congress MLAs, including Pilot. 

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Rajasthan's legal battle

On Friday, Rajasthan High Court said that the status quo will be maintained in the disqualification notice i.e no action will be taken against the MLAs till the SC hearing is completed. The High Court stayed the disqualification notice issued to Pilot & his 18 MLAs till Monday when the SC will hear the Speaker's plea challenging the stay.  Former Deputy CM Sachin Pilot and his supporting MLAs have filed a caveat petition in the Supreme Court stating no order should be passed by the Supreme Court without hearing the Pilot camp. Sources now report that the Speaker CP Joshi may rescind his plea filed in the SC.

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