Rajasthan crisis: HC to resume hearing on Pilot’s petition today

Jaipur, July 20: The Rajasthan High Court would resume hearing on the petitions filed by Sachin Pilot and the rebel Congress MLAs today.

On Friday the court directed the Speaker not to act on the disqualification notices issued to Sachin Pilot and rebels till Tuesday.

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.

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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.