Pilot Vs Gehlot: Rajasthan HC Directs Speaker Not To Take Action Against Rebel MLAs Till Tuesday Evening

During the hearing, team Pilot argued that the free speech can not be labelled as "anti-party activity".

(File Photo/ Getty)

New Delhi: Sacked Deputy Chief Minister Sachin Pilot and his rebel MLA may take sign of relief for next couple of days as the Rajashan High Court on Friday directed the Assembly Speaker CP Joshi not to take any action against the MLAs till 5 pm on Tuesday evening. The two-judge bench which was hearing Pilot’s challenge to the disqualification notice, will continue hearing the petition on Monday.  Pilot and his followers are being represented by a legal team led by senior advocates Harish Salve and Mukul Rohtagi, who are contesting a notice of disqualification served on their clients by Rajasthan assembly speaker on the request of Congress chief whip Mahesh Joshi. On the other hand, Congress's Rajya Sabha member Abhishek Manu Singhvi appeared for the other faction led by Chief Minister Ashok Gehlot. During the hearing, Abhishek Manu Singhvi called the sending of the notices correct as the MLAs flouted whip issued by Congress party. However, team Pilot in its defence said the free speech must not be labelled as "anti-party activity", and termed as "motivated" the complaint filed on behalf of Congress Chief Whip Mahesh Joshi. According to the reports, they argued that not attending two meetings called by the Congress Legislature Party cannot fall within the purview of para (2) (a) or (2) (b) of the Constitution's Tenth Schedule, so as to render them fit for disqualification on ground of defection. In the amended version, the petition argues that the “expression of dissatisfaction or even disillusionment against the party leadership” cannot be treated as conduct that could be covered under the anti-defection law. The matter had first come up before Justice Satish Chandra Sharma at about 3 pm on Thursday, but the dissidents’ advocate Harish Salve sought time to file a fresh petition, which was filed at about 5 pm. The court referred it to a two-judge division bench.