In Sachin Pilot’s plea against disqualification notice, answers on 10th Schedule sought
New Delhi, July 17: Sachin Pilot, who was sacked as deputy chief minister of Rajasthan has said in his petition that dissatisfaction against the party's leadership cannot be a ground to make an MLA amenable for disqualification.
He also speaks of freedom of speech and expression in his amended petition before the Rajasthan High Court. The hearing will place later today and the Speaker too has assured the High Court that the proceedings against Pilot and others shall remain in abeyance until 5 pm today.
Mere expression of dissatisfaction or even disillusionment against the party leadership cannot be treated to be conduct falling within clause 2(1) (a) of the 10th Schedule of the Constitution of India. The petition also challenges the validity of the clause under the 10th Schedule, while stating that this provision can be so widely construed that the very same fundamental freedom of speech and expression of a member of the House is jeopardised.
While dealing with this in the past, several Supreme Court judgments have held that indulging in any anti party activity tantamount to voluntarily giving up membership of the party.
The basis of the disqualification notices by the Speaker was expressions of dissent by some MLAs. It is necessary that the High Court examines the validity of the same under the 10th Schedule. Further Pilot has also sought for declaring 1(1) (a) of the 10th Schedule as ultra vires since it impinges upon the fundamental right of free speech.