Rajasthan crisis: No action against Pilot, HC orders status quo
New Delhi, July 23: The Rajasthan crisis is now playing out in the judiciary. On the face it the Rajasthan crisis can be described as a reflection of the inadequacies in the anti-defection law.
OneIndia caught up with leading psephologist, Dr. Sandeep Shastri to find out his views on the issues.
- Rajasthan HC to schedule next date of hearing based on Supreme Court's directive on Monday.
- Do not act against Sachin Pilot and rebels, for now, says Rajasthan High Court. Maintain status quo in the matter, says HC.
- The constitutional validity of the Tenth Schedule is under challenge and hence Pilot and the rebel MLAs moved an application to make the Centre a party in the case.
- The additional solicitor general will represent the Centre in the Rajasthan High Court.
- The Rajasthan HC has enabled assistant solicitor general to get instructions from the Centre after it was made a party to the proceedings.
- With the Centre being made a party in the proceedings, the verdict could be delayed. This is because the Centre being a party in the proceedings would have to file its reply in the case.
- The hearing has been adjourned for 15 minutes. The HC has made the Centre a party in the petition.
- The application by Pilot and the remaining rebel MLAs to make the Centre a party in the case has been accepted by the Rajasthan High Court.
- Sachin Pilot and the 18 MLAs have moved an application in the Rajasthan HC to include the Union Government as a party in the petition.
- Can the Speaker issue disqualification notices to MLAs for refusing to attend party meet? The anti-defection law would be put to test yet again.
- The HC may make Centre a party to the case in order to seek its opinion on the anti-defection law. If this is done, then the case may get further delayed.
- The Speaker urged the court to stay further proceedings in the Rajasthan High Court until the matter is decided by the SC. However, the SC decline to stay the proceedings before the Rajasthan HC.
- The Supreme Court had on Thursday asked the Rajasthan Speaker if a voice of dissent can be shut down in a democracy. They are after all elected representatives and this is a very serious matter, the court told the Speaker, who has challenged the Rajasthan High Court's order which directed that the disqualification proceedings be kept in abeyance.
- The court also said that the question here is about democracy. How will it survive? This is not just about disqualification of some people, the Bench also said.
- Appearing for the Speaker, senior advocate Kapil Sibal said that the MLAs cannot file a petition saying that the Speaker cannot issue notices to them. I have not decided anything as yet, Sibal said for the Speaker.
- The Speaker's contention is that the notice issued to the 19 rebel MLAs of the Congress, including Sachin Pilot on disqualification petition is part of the Assembly proceedings and hence cannot be interfered within the interim by the HC. He also contends that the HC could not have interfered with the proceedings by ordering a deferment till July 24.
- The Speaker also contended that the HC's order to him to defer the Tenth Schedule or anti defection proceedings till July 24 is a direct intrusion by the judiciary into his exclusive domain.