SC refuses to stop Rajasthan HC verdict on rebel MLAs

Rebel Congress politician from Rajasthan Sachin Pilot scored a big victory on July 23 as the Supreme Court refused to stop a verdict on a petition by 19 rebel Congress MLAs challenging disqualification notices. Assembly Speaker C.P. Joshi who served the notices last week, had argued that the rebels cannot petition the High Court before any action.

The Rajasthan High Court can announce its ruling on the rebels’ petition on Friday but it will be subject to the final order of the Supreme Court. “It is the matter of just one day. Why can’t you wait,” the top court had asked during arguments on whether the High Court had any right to interfere or give orders protecting rebels from action. The judges also questioned why the Speaker, a neutral person, should approach the court at all.

“Assume a leader has lost the faith of persons. While remaining in party they cannot be disqualified. Then this will become a tool and no one can raise their voice. The voice of dissent in a democracy cannot be suppressed like this,” said Justice A.K. Mishra, without referring to the Rajasthan crisis.

The Speaker had served notices to 19 rebel MLAs, including Sachin Pilot, after they skipped two meetings of Congress MLAs called by Chief Minister Ashok Gehlot last week.

“If I win the court battle, I will continue to fight for my rights within Congress,” Mr. Pilot was quoted as saying by those close to him regarding his stand. “Why would I want to bring down the Congress government, when the idea is to change the leadership (in Rajasthan)”, he is reported to have said.

The Speaker’s sudden move to seek the Supreme Court’s intervention reflected the Congress’s worry that a legal victory for the rebels may endanger its government in Rajasthan. Chief Minister Ashok Gehlot has a narrow lead in the 200-member assembly – just one MLA over the majority mark of 101.

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