Sachin Pilot and 18 MLAs supporting him took the Congress to court today over its move to disqualify them, arguing that disagreements between elected representatives and the party cannot be construed as anti-party activity and skipping two meetings is not ground for disqualification.
The hearing at the Rajasthan High Court, however, got deferred today as the petitioners asked for a two-judge bench. Te matter has now been referred to a two-judge bench.
Usually, matters related to constitutional law is heard by a two-judge bench. But a single judge — Justice Satish Sharma — was assigned to give urgent hearing to Team Pilot’s petition. The High Court had been closed for six days after a few employees were found infected with coronavirus.
Mr Pilot, who has insisted that he belongs to the Congress, took his party to court this morning over its move to disqualify him and his supporters.19 MLAs filed the petition, Sachin Pilot is petitioner number 7.
Not attending Congress’s legislature party meetings amounts to disassociating from the Congress and its ideology and will invite action under the constitution, the Congress and the Speaker have contended.
The Team Pilot has argued that not attending two meetings is not ground for disqualification. Elected representatives who voice disagreement cannot said to be acting against party, hence the Speaker’s notice is illegal and should be struck down, the MLAs have said in their petitions.
The rebels were sent notices by the Speaker under the Anti-Defection law, which is part of the Tenth Schedule of the Constitution. Their disqualification will lower the majority mark in the assembly and give Chief Minister Ashok Gehlot a shot at saving his government.
A deferred date will also give Mr Pilot more time to cobble up his numbers to 30 — the math that gives BJP a chance of planning an alternative government.
Mr Pilot has emphatically denied that he is joining the BJP. But that he made no effort to contact the Gandhis despite their repeated overtures and hunkered down at the resort in Haryana — against the party command — is seen as a hardening of stance by the rebel leader.
Yesterday, the Congress had asked Mr Pilot to move out of the BJP-ruled state and stop fraternizing with the BJP.
But his choice of counsel today — Harish Salve and Mukul Rohatgi , top lawyers of the BJP-led Central government — is seen as an indication of his trajectory.
The Congress has accused the BJP of rolling out heavy artillery to defend Mr Pilot and his band of rebels. In view of the tax raids against Chief Minister Ashok Gehlot’s loyalists earlier this week, the party has also accused the BJP of using the power of the government and its agencies to target Mr Gehlot.
