Published 15:52 IST, July 22nd 2020
Pilot-Gehlot tussle reaches SC, disqualified MLAs file caveat petition before apex court
Sachin Pilot's camp has now urged the apex court to hear their arguments before passing any judgement as the Speaker filed a petition earlier against HC's order
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The battle between Rajasthan CM Ashok Gehlot and his former deputy Sachin Pilot has now reached the highest court, with the Pilot camp filing a caveat petition with the Supreme Court. Pilot camp's petition comes as a response to the Rajasthan Assembly Speaker's petition earlier urging the SC to uphold the disqualification of the 18 MLAs. The Pilot camp has now urged the apex court to hear their arguments before passing any judgement in the matter.
The caveat petition filed by Sachin Pilot and his aides essentially means that the Supreme Court will have to hear preliminary arguments from both sides before producing a judgement. Earlier in the day, representing the Rajasthan Assembly Speaker CP Joshi, senior Congress leader Kapil Sibal sought an urgent hearing in the matter.
Speaker moves SC
Joshi had said that he would move to the Supreme Court with a Special Leave Petition (SLP) as the rightful action of authorities had been "circumvented, leading to a constitutional crisis." "Speaker's responsibilities are well defined by the Supreme Court and the Constitution. As the Speaker, I got an application and to seek info on it, I issued a show-cause notice. If show cause notice will not be issued by the authority, then what is the work of authority," he said.
It is important to note that if the disqualification of the MLAs by the Speaker is upheld in the case, then the disqualified MLAs that includes former Deputy CM Sachin pilot and his aides cannot hold any ministerial post in the respective Assembly. The disqualified MLAs will have to contest elections from the vacant constituencies in a bid to hold any official posts. As per the Constitution, the disqualified MLA cannot become a member of the legislative council as well.
Rajasthan HC requests Speaker to defer action
This comes after the Rajasthan High Court on Tuesday requested the Legislative Assembly Speaker to defer action on disqualification notices till Friday as it will pass appropriate orders on the writ petition filed by Sachin Pilot and 18 dissident legislators on that day, the speaker's counsel said. Assembly Speaker C P Joshi agreed to the request and deferred his decision on disqualification notices till Friday evening. The notices had followed a Congress complaint that the 19 MLAs should be disqualified from the assembly for defying a party whip.
15:51 IST, July 22nd 2020