The Congress party on Monday dropped its case in the Supreme Court, which involved using the Rajasthan Legislative Assembly Speaker's powers to disqualify its rebel legislators in the state, including former Deputy Chief Minister Sachin Pilot. The development came shortly after Rajasthan Governor Kalraj Mishra rejected, for the second time, Chief Minister Ashok Gehlot's call for an assembly session from July 31.

Rajasthan Assembly Speaker CP Joshi withdrew his plea in the Supreme Court, against the High Court order asking him to defer his decision on disqualification notices issued to former Deputy Chief Minister Sachin Pilot and 18 other MLAs. On Friday, the Rajasthan High Court had ordered that the status quo should be maintained on the disqualification notices sent out by the Speaker to rebel leader Sachin Pilot and 18 other MLAs.

Kapil Sibal, the counsel for Rajasthan Speaker CP Joshi, told the Supreme Court on this day that the Rajasthan High Court had passed a fresh order on July 24, which raised several other issues including the interpretation of 10th Schedule of the Constitution. Sibal said they'll weigh legal options and added that Friday's High Court order may be challenged.

Kapil Sibal, Rajasthan Speaker's counsel, told SC that Rajasthan HC passed a fresh order on July 24 which raised several other issues including interpretation of 10th Schedule.

Sibal said they'll weigh legal options and added that Friday's High Court order may be challenged. https://t.co/eVbQUWusiM

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A Bench of Justices Arun Mishra, B R Gavai, and Krishna Murari allowed the Speaker to withdraw the plea.

Sibal also told the Bench that due to lack of stay by the Supreme Court on the High Court`s July 21 order, the High Court has proceeded to pass a detailed order on July 24.

The High Court order of July 21 has "merged" with the High Court subsequent order of July 24 and therefore this SLP against July 21 order of HC has become infructuous, added Sibal.

Sibal told the apex court that the Rajasthan High Court has passed a fresh order on July 24 which has raised several other issues including interpretation of the 10th schedule.

"They have passed a 32-page order. We have to weigh our legal options on what to do next," Sibal said.

The anti-defection law, enshrined in the Tenth Schedule of the Constitution, was inserted in 1985 to prevent such political defections. It lists two situations for disqualification on the ground of defection. Firstly, if an MP or an MLA "has voluntarily given up his membership of such political party" (clause 2(1)(a)).

Secondly, if he votes or abstains from voting in the House contrary to any direction issued by his party, that is if he violates the party whip in the House (clause 2(1)(b).

Earlier, the Governor had rejected Gehlot's request for calling an assembly session, citing reasons such as the petition involving rebel MLAs being heard in the apex court. Today, the Congress withdrew its petition from the Court, presumably as a move to weaken the Governor's arguments against the convening of the assembly session.

The power tussle in Rajasthan had taken a new turn when the Governor had not heeded the request of the Congress government to convene a session of the state Assembly urgently.

In 200-member Rajasthan Assembly, Congress at present has 107 MLAs, including Sachin Pilot and 18 other MLAs who have been issued notices of disqualification by Rajasthan Assembly Speaker CP Joshi on a complaint by chief whip Mahesh Joshi.

Gehlot had on Saturday said that the Congress party will approach the President and if required will also stage a protest outside the Prime Minister's residence in connection with the ongoing situation in Rajasthan.

(With agency inputs)