The Rajasthan High Court has ordered status quo to be maintained in the disqualification case against former Deputy CM Sachin Pilot and 18 Congress rebel MLAs. No action can be taken against Pilot and other rebel Congress leaders for now since Assembly Speaker C.P. Joshi can’t act on disqualification notices issued on 14 July.
The High Court also agreed to Pilot camp MLA Prithviraj Meena’s request to include the Centre as a party to the case since the 10th Schedule’s constitutional validity was under challenge and no order could possibly be passed without hearing the Centre.
The High Court has pointed out 13 questions which will have to be decided in the case now. This came a day after the after Supreme Court allowed the High Court to pass orders. However, the top court had clarified that the judgment passed by HC will remain subject to final orders of the top court. It will not be implemented till the top court decides on the Speaker’s query: Can courts interfere with the disqualification proceedings initiated by the Speaker at an interim stage before a decision is taken?
From Monday, the apex court will begin day-to-day hearing on the Speaker’s plea questioning Rajasthan HC’s jurisdiction and the ancillary question of silencing dissent with disqualification.
Rajasthan HC was hearing a petition filed by former Deputy CM Sachin Pilot and 18 Congress rebel MLAs against the disqualification notice issued by Joshi to disqualify them as MLAs.
The petition stated, “None of the petitioners herein have either by expressed conduct or implied conduct, indicated to the members of their constituencies and/or the public at large of their intention to leave or voluntary give up the membership of Indian N a t i o n a l C o n g r e s s . ” The petition junked the allegations as baseless and said that the petitioners had no intention to voluntarily give up Congress party membership.