Rajasthan politics: HC allows Sachin Pilot, rebel MLAs’ plea to make Centre a party to case; orders status quo

The Rajasthan High Court on July 24 accepted a request by former deputy chief minister Sachin Pilot and other rebel Congress Members of Legislative Assembly (MLAs) to make the Centre a party to the case.

Pilot and 18 other MLAs had moved an application before the High Court on July 23 to include the Union government in the list of respondents.

The application was moved on the ground that 10th Schedule's constitutional validity was under challenge and therefore, the Union of India was a necessary party now.

This has led to a delay in pronouncement of the verdict, with the matter likely to be taken up next week.

Meanwhile, news reports suggested Chief Minister Ashok Gehlot is likely to call a Legislative Assembly session next week to conduct a floor test and prove this government's majority in the House.

On July 23, the Supreme Court of India (SC) had allowed the Rajasthan High Court to pronounce the order but said it would be subject to the outcome of the petition before the top court.

Rajasthan Assembly Speaker CP Joshi, however, failed to get any interim relief on his plea alleging that the high court cannot interdict the disqualification proceedings undertaken by him under 10th schedule of the Constitution.

A bench of Justices Arun Mishra, BR Gavai and Krishna Murari said Joshi's plea raises important questions and requires a prolonged hearing.

Listen in: Rajneeti podcast | Will Sachin Pilot fly the Scindia way in the Rajasthan political crisis?

On July 17, the dissident Congress MLAs led by Pilot challenged their disqualification notices through a writ petition which was taken up by a bench of Rajasthan High Court, comprising Chief Justice Indrajit Mahanty and Justice Prakash Gupta, and arguments were held.

The hearing continued on July 20 and the arguments concluded on July 21. The court will give an appropriate order in the writ petition on July 24.

The notices to MLAs were served after the party complained to the speaker that the legislators had defied a whip to attend two Congress Legislature Party meetings last week.

The Pilot camp, however, argued that a party whip applies only when the assembly is in session.

In its complaint to the Legislative Assembly Speaker, the Congress had sought action against Pilot and the other dissidents under paragraph 2 (1) (a) of the 10th Schedule of the Constitution.

The provision disqualifies MLAs if they 'voluntarily' give up the membership of the party which they represent in the House.

Pilot was sacked as deputy chief minister and the president of the state unit of the party after he rebelled against Chief Minister Ashok Gehlot.

(This is a developing story. Please check back for more details)