The notices to the MLAs were served after their party complained to the Speaker that they had defied a whip to attend two Congress Legislature Party meetings last week.
The Rajasthan High Court will on Friday announce its judgement on the petition filed by Sachin Pilot and 18 other dissident Congress MLAs, challenging the disqualification notices issued to them by the Assembly Speaker. The HC also requested the Speaker to defer action on disqualification notices till Friday. Senior lawyer Mukul Rohatgi, appearing for the Pilot camp, today told the High Court that there is nothing on record to show the Rajasthan Speaker “applied his mind” while serving disqualification notices to Sachin Pilot and 18 other Congress rebel MLAs.
Rohatgi further argued that the rebels were granted less time for reply than as stated in rules and that there are no reasons recorded for issuing the notice.
Abhishek Manu Singhvi, counsel for the Speaker, argued that the petition was premature as a decision was yet to be taken on disqualifying the MLAs from the House. He said there was no scope for interference by a court over the show-cause notices issued by the Speaker. Singhvi said that the Speaker is supreme as far as the legislative assembly is concerned and the notices have been issued within the purview of the Speaker's power.
A lawyer appearing for the Speaker told reporters that the chief justice asked is the Speaker bound to issue a notice on a petition seeking disqualification of such nature without recording any reason. Singhvi argued that there was no requirement to record reasons as it was merely a show-cause notice.
The hearing remained inconclusive on Monday and Chief Justice Indrajit Mahanty said it will be concluded Tuesday (today).
On the other hand, the time for the Speaker to decide on the notices has not been deferred further. The counsel for the Speaker had assured the court on Friday that no order shall be passed on the notices till 5:30 pm on Tuesday.
The MLAs want the court to quash the disqualification notices. The dissident MLAs had moved the court on Friday amid the infighting in the state unit of the Congress, as Chief Minister Ashok Gehlot and his now sacked deputy Sachin Pilot tussled for power.
