The Rajasthan High Court on Friday directed the state Assembly Speaker not to take any action on rebel Sachin Pilot’s camp till Tuesday 5.30 pm. The court said it would resume hearing on Monday 10 am. The Speaker was expected to take up the matter at 5 pm today.
The Rajasthan Speaker had issued notices to Sachin Pilot and 18 other rebel Congress MLAs after the party sought their disqualification from the state assembly. Pilot, who was sacked as deputy chief minister of Rajasthan has said in his petition that dissatisfaction against the party’s leadership cannot be a ground to make an MLA amenable for disqualification.
He also speaks of freedom of speech and expression in his amended petition before the Rajasthan High Court. Mere expression of dissatisfaction or even disillusionment against the party leadership cannot be treated to be conduct falling within clause 2(1) (a) of the 10th Schedule of the Constitution of India. The petition also challenges the validity of the clause under the 10th Schedule, while stating that this provision can be so widely construed that the very same fundamental freedom of speech and expression of a member of the House is jeopardised. While dealing with this in the past, several Supreme Court judgments have held that indulging in any anti party activity tantamount to voluntarily giving up membership of the party, the petition also read. The basis of the disqualification notices by the Speaker was expressions of dissent by some MLAs. It is necessary that the High Court examines the validity of the same under the 10th Schedule. Further Pilot has also sought for declaring 1(1) (a) of the 10th Schedule as ultra vires since it impinges upon the fundamental right of free speech. Sacked deputy chief minister Sachin Pilot and the other MLAs were asked to respond to the notices by Friday. The notices were issued on Tuesday. The MLAs had defied a whip and did not attend its legislature party meetings held on Monday and Tuesday.
