[Breaking] Rajasthan HC reserves order in challenge to Speaker's notice; no coercive action against Sachin Pilot, Congress MLAs till July 24

The Rajasthan High Court today reserved its verdict in the challenge to the show cause notice issued by the Speaker of the Legislative Assembly to Sachin Pilot and other rebel Congress MLAs (Prithviraj Meena v. Hon'ble Speaker & Ors)..The Court has stated that no coercive action is to be taken against Pilot and the MLAs till July 24, on which date the order will be pronounced. .The order was reserved by a Bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta..While listing the matter for appropriate orders on July 24, the Bench stated in its order,."In view of above directions, we therefore, further request the Hon’ble Speaker, who has been pleased to extend the period for filing reply by the writ petitioners till 5.30 p.m. as of today i.e. 21.07.2020, to extend the said period till the delivery of orders by this Court on 24/07/2020 and we direct accordingly."Rajasthan High Court.Today, the Bench heard arguments by Senior Advocate Mukul Rohatgi, appearing for the petitioners. He submitted that the Supreme Court's judgment in Kihoto Hollohan v. Zachillu doesn’t say that if an MLA criticises CM, the High Court will be powerless to look at the facts. He said,."Kihoto cannot be used to oust my challenge before the High Court at the preliminary stage, as is being argued by the other side.".Rohatgi further argued that the issuance of show cause notice by the Speaker "reeked of mala fides", owing to the following facts:1. Notice was issued on the same day complaint was made. 2. Application of mind required on part of Speaker. Nothing on record to show that he did so.3. Notice is returnable in three days, by 1 PM. Also says if there is no response in writing, matter will be disposed of ex parte, during COVID-19.."Consummate reading of these facts leave no manner of doubt that the decision (to suspend MLAs) is a foregone conclusion. What was the tearing hurry?", queried Rohatgi..He thus urged the Court to direct the Speaker to file a better affidavit answering all the questions raised. After asking the Court to decide the matter at a preliminary stage, Rohatgi concluded his rejoinder submissions..Senior Advocate Devadatt Kamat, appearing for the respondents, was next to make sur-rejoinder submissions. After taking the Court through the Rajasthan Legislative Assembly Rules of Procedure, Kamat submitted,."In none of the notices issued to MLAs across the country are reasons required to be given.".After hearing the submissions, the Court proceeded to reserve its verdict. The judgment will now likely be passed on July 24..The Speaker of the Rajasthan Assembly had issued disqualification notices against the rebel Congress MLAs on the ground that they violated the direction issued by party chief whip Dr. Mahesh Joshi to attend the legislative party meeting on Monday and Tuesday..[Breaking] Passed in "Unholy Haste, mala fide": Plea in Rajasthan HC seeks to quash Speaker's notice against Sachin Pilot, Congress MLAs .Pilot and the other Congress MLAs subsequently challenged the issuance of notices as being a move of "unholy haste" which is "mala fide and contrary to Assembly rules.".The rebel MLAs assert in the writ petition challenging the issuance of these notices that they have not expressed any intention to leave or voluntarily give up their membership of Indian National Congress..[Breaking] Passed in "Unholy Haste, mala fide": Plea in Rajasthan HC seeks to quash Speaker's notice against Sachin Pilot, Congress MLAs .The petition stated that Rajasthan Chief Minister Ashok Gehlot had ordered an enquiry by the Special Operations Group into the "activities" of the petitioners earlier, which was nothing more than a ploy to threaten the MLAs from raising their voice against the inefficiency within the leadership of the party..On July 16, a Single Judge Bench of Justice Satish Chandra Sharma had delivered an order in the plea filed by Sachin Pilot and other Congress MLAs seeking to quash the Speaker's notice, and approved the prayer to amend their writ petition..The amended writ petition had challenged the Constitutionality of Clause 2(1)(a) of the Tenth Schedule of the Constitution of India for being violative of Article 19(1)(a) of the Constitution. The Tenth Schedule deals with the law regarding anti-defection..[Rajasthan crisis] Rajasthan HC approves amendment to petition filed by Sachin Pilot & team; Plea to be heard by Division Bench tomorrow.In view of the amendment, the matter was placed for hearing before a Division Bench of the High Court. The Division Bench headed by Chief Justice Mahanty had ordered the Speaker not to take any action on disqualification of the MLAs till 5:30 PM on July 21..[Read the order]