(Riya Singh, Intern Journalist): On Thursday, Sachin Pilot and his team of 18 Rajasthan lawmakers approached the Jaipur bench of the high court to seek the cancellation of the disqualification notice issued to them by assembly speaker CP Joshi, insisting that the anti-defection law could not be invoked against them for disagreement with the decisions and policies of some outside assembly congress leaders.
On Thursday afternoon, Justice Satish Sharma, of the high court, took up the joint petition. But senior lawyer Harish Salve, who represents the petitioners, was requesting a time to amend the petition in order to extend its reach.
Justice Sharma reopened the hearing at 5 p.m. several hours later. In the early version of the complaint, Sachin Pilot’s main point was that skipping two Congress Legislative Party meetings did not lead to defection. According to the Tenth Schedule of the Constitution, if a member voluntarily gives up membership of the political party or votes contrary to the direction of the party at the assembly, the anti-defection provisions kick in. Pilot also pointed out that speaker CP Joshi could be acting under the influence of Chief Minister Ashok Gehlot.
The complaints against them were based on assumptions and suppositions, and such apprehensions were without a factual basis. The petition compared the speaker’s silence on a complaint regarding disqualification against Bahujan Samaj Party lawmakers who crossed over to Congress with Joshi’s 14 July notice given within hours of Congress Chief Whip Mahesh Joshi’s protest.
The petition by 19 lawmakers also referred to the provision that requires an MLA disqualified by a political party to remain as a member of the legislature, underlining that if an elected official were stripped of membership solely on the whims and fancies of party officials, it will have serious repercussions.
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