The Rajasthan High Court had earlier allowed the MLAs time till Tuesday 5.30 pm to file their response.
The Rajasthan High Court will pronounce its order on Friday on the writ petition filed by Sachin Pilot and 18 other dissident Congress MLAs challenging the disqualification notices issued to them by the state assembly speaker. The HC also requested the Speaker to defer action on disqualification notices till Friday.
Earlier in the day, CM Ashok Gehlot was a part of the Congress Legislative Party (CLP) meeting in Jaipur. Congress leader Ajay Maken, state unit president Govind Singh Dotasara and others were also present in the meeting. This is the third CLP since the political crisis began in the state.
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. On Monday, the bench had observed that a whip can be issued only for an Assembly session but not with respect to a party meeting. The court had earlier allowed the MLAs time till Tuesday 5.30 pm to file their response.
Meanwhile, breaking his silence on the Rajasthan crisis, Rahul Gandhi listed the alleged “attempt to topple” the government in the state as among the Centre’s “achievements” in the COVID-19 era. The Gandhis, have so far, refrained from making any public comment on the crisis triggered by Pilot’s revolt.
Rajasthan government crisis LIVE updates: The Congress MLAs at Rajasthan Chief Minister Ashok Gehlot's residence last Monday. (File)
Amid the political crisis in Rajasthan, a meeting of the state cabinet was held at Chief Minister Ashok Gehlot's residence here on Tuesday, during which multiple issues, including the COVID-19 situation, were discussed.
After the meeting, Medical and Health Minister Raghu Sharma said the cabinet has decided to give some concessions to the tourism industry. "The coronavirus pandemic situation in the state was reviewed in detail. Discussions were held on ways to improve recovery rate and decrease mortality rate," Sharma told reporters.
He said additional teams of the state medical department were being sent to the districts where relatively more cases were being reported. At the meeting, the ministers also discussed the measures taken to mitigate in locust-affected districts.
Addressing the cabinet meeting at his residence, Rajasthan Chief Minister Ashok Gehlot said, 'those betraying the party will not be able to show their faces in public.' Gehlot also reiterated that a conspiracy to topple his government was being hatched but said he was confident that they will complete their tenure. The state government is fighting with coronavirus crisis and at the same time, a leader who was a state Congress president and a few other MLAs in collusion with the BJP were "hatching a conspiracy" to topple it, he alleged without taking the name of Pilot or any other party leader. "This is intolerable and condemnable. Those betraying the party will not be able to show their faces in public," Gehlot said addressing a Congress Legislature Party meeting at a hotel here. According to a statement issued by Congress chief whip Mahesh Joshi, Gehlot said efforts are being made to "weaken democracy" in the country but Congress legislators are fighting firmly to save it.
Rajasthan cabinet meeting to be held at Chief Minister Ashok Gehlot's residence, today evening. Corona, financial health of state, social welfare schemes is the official agenda of the meet.
The Rajasthan High Court will pronounce its order on Friday on the writ petition filed by Sachin Pilot and 18 other dissident Congress MLAs challenging the disqualification notices issued to them by the state assembly speaker. The HC also requested the Speaker to defer action on disqualification notices till Friday.
Union Minister Gajendra Singh Shekhawat, who has denied allegations of conspiring with Sachin Pilot's rebel MLAs to topple the Rajasthan government, took a swipe today at the activities of Congress MLAs at a luxury resort in Jaipur. 'Amid this pandemic, you are busy playing antakshari. This is the time to feed poor and you are cooking Italian food. Rajasthan is watching,' Shekhawat tweeted.
After the CLP meeting, Rajasthan Chief Minister Ashok Gehlot has called for a cabinet meeting. The meeting is likely to take place at 3 pm today.
In a swipe at Rahul Gandhi over his regular tweets attacking the central government, the BJP said on Tuesday that the Congress will become a "party of tweets" as it is doing no work among people and "losing" one leader after another. "Rahul Gandhi is tweeting on a daily basis. It seems the Congress will become a party of tweets as they are doing no work among the people and losing one leader after another. A frustrated and depressed party is trying to launch all sorts of attacks on the government," Union Minister Prakash Javadekar told reporters, news agency PTI reported
Union minister Gajendra Singh Shekhawat, who has been accused by the Congress of taking active role in disrupting the Ashok Gehlot government, talks to The Indian Express about the political crisis in Rajasthan. "It’s a scripted story, and Gehlot is the producer and director (of it); he has decided the climax, too. If there is a deviation from the climax he has decided, one can see his restlessness. If you go back to the last few days, you can see that whenever there are reports of Congress leadership being in touch with Pilot, Gehlot showed frustration," he said, adding that future of people in the state is in darkness.
The Congress Legislative Party (CLP) began in Jaipur today. Chief Minister Ashok Gehlot, Congress leader Ajay Maken, state unit president Govind Singh Dotasara and others are present at the meeting, currently underway in Jaipur. This is the third CLP since the political crisis began in the state.
Rajasthan HC hearing will resume at 2 pm. Sachin Pilot and 18 other dissident Congress MLAs have filed a plea challenging the disqualification notices issued to them by the state assembly speaker
The CBI on Tuesday questioned Deva Ram Saini, OSD to Rajasthan Chief Minister Ashok Gehlot, in connection with the alleged suicide by state police officer Vishnudutt Vishnoi in Churu on May 23, news agency PTI reported. A team of special crime unit of the CBI from Delhi is in Jaipur to record statements in connection with the death of Vishnoi, who was SHO of Rajgarh. His body was found hanging from the ceiling of his official residence in Churu, officials said.
Devadatt Kamat is representing Congress chief whip Mahesh Joshi in the Rajasthan High Court, in connection with the hearing on the disqualification notices issued to Sachin Pilot and 18 other dissident MLAs by the state Assembly Speaker. Kamat relies on parliamentary committee reports to say that people who breach inner-party discipline should pay the price of disqualification.
Responding to Rahul's tweet, Prakash Javadekar also listed the Congress leader's 'achievements'. "February: Shaheen Bagh and Riots; March: Losing Jyotiraditya and MP; April: Instigating migrant labourers," he said, adding that Gandhi was insulting the covid warriors by making fin of candle lights.
Mukul Rohatgi, counsel for Pilot's camp, cites the following as ground showing malafide
Breaking his silence on the Rajasthan crisis, Rahul Gandhi listed the alleged "attempt to topple" the government in the state as among the Centre's "achievements" in the COVID-19 era. The Gandhis, have so far, refrained from making any public comment on the crisis triggered by Pilot's revolt.
"Achievements of the government in the COVID-era: February -- Namaste Trump, March-- toppling the government in Madhya Pradesh, April -- making people light candles, May -- government's sixth anniversary, June -- Bihar virtual rally, July -- Attempt to topple the government in Rajasthan," Gandhi said in the tweet. "That is why the country is 'Aatmanirbhar' (self-sufficient) in the fight against coronavirus," he said.
CM Ashok Gehlot's OSD Deva Ram Saini reaches CBI office in Jaipur for inquiry.
Rajasthan DGP Bhupendra Yadav writes to DGP of Haryana and the Commissioner of Delhi Police, seeking cooperation in Special Operation Group's (SOG) probe in a case related to alleged attempts to destabilize the state government, news agency ANI reported.
The Congress had on Friday cited the two audio tapes, purportedly featuring Union minister Gajendra Singh Shekhawat and rebel Congress MLA Bhanwarlal Sharma conspiring to topple the Ashok Gehlot government, seeking their arrest. The Special Operation Group (SOG) of the Rajasthan Police has registered criminal cases in the matter. The BJP has described the audio clips as “manufactured”, and Shekhawat has said the voice in the clips was not his.
The High Court has begun hearing Sachin Pilot's plea. Sachin Pilot and 18 other dissident Congress MLAs have filed a plea challenging the disqualification notices issued to them by the state assembly speaker
Referring to the ongoing court case, Gehlot mocked and questioned Pilot for hiring lawyers Harish Salve and Mukul Rohatgi, saying they command a tall fee. “Where is this money coming from? Is Pilot sahab giving it from his pocket?” he said. He also claimed that rebel MLAs were being hostage. “Everyone knows how they are being kept; their mobiles have been taken away… Many of them want to come here. They are crying over the phone. Some say they are using the barber’s phone, others their son’s phone,” he said.
Former J&K chief minister and NC vice-president Omar Abdullah on Monday said he would take Chhattisgarh CM Bhupesh Baghel to court after the latter raised questions on his release from detention and hinted that it may be linked to developments in Rajasthan. “He and Mehbooba Muftiji were booked under the same sections of the law, while she is still languishing, he is out. Is it because Mr. Abdullah is brother-in-law of Sachin Pilot?” Baghel said in an interview to The Hindu.
Reacting sharply, Abdullah tweeted, “I am fed up of the downright malicious and false allegation that what Sachin Pilot is doing is somehow linked to my or my father’s release from detention earlier this year. Enough is enough. Mr @bhupeshbaghel will be hearing from my lawyers.” He tagged former Congress president Rahul Gandhi and party spokesperson R S Surjewala.
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Appearing for the respondents, including Speaker C P Joshi, Abhishek Manu Singhvi said that the court proceedings were “non-maintainable, premature and without jurisdiction” as far as interim injunctive relief was even contemplated.
He also argued that the Speaker had exclusive, non-transferable and non-delegable powers to adjudicate on issues of disqualification. Singhvi contended that the Tenth Schedule of the Constitution dealing with disqualification – one of whose clauses has been challenged by the rebel MLAs –is designed and intended to be an autonomous, self-contained code to deal with defection and disqualification of members. Singhvi cited various judgments to say that courts have limited grounds of interfering in a Speaker’s order on disqualification.
Singhvi argued that whether non-attendance of a meeting, criticism of the party, constitute as grounds for disqualification is also for the sole consideration of the Speaker.
Ashok Gehlot’s attack, the sharpest till date, left the Congress leadership in New Delhi squirming. A party leader told The Indian Express: “The Congress leadership disapproves such personal remarks. He has been told about it. He is a seasoned leader and he needs to be careful.” The leadership, the party leader said, was still hopeful of a reconciliation.
The Rajasthan Anti-Corruption Bureau Monday issued notices to dissident Congress MLAs Bhanwarlal Sharma and Vishvendra Singh, asking them to appear before it within three days for probe into an alleged attempt to topple the state government, reported PTI. The ACB had registered an FIR against Bhanwarlal under the Prevention of Corruption Act on July 17 in connection with the audio tapes that allegedly talks of plotting to bring down the government.
An MLA From Sacin Pilot's camp on Monday said the legislators supporting the former Rajasthan deputy chief minister will not join the BJP and their fight was to "save the party" by effecting a leadership change in the Rajasthan government. Mukesh Bhakar, MLA from Ladnun, Nagaur, who was dropped as the state youth Congress chief last week, also appealed to the party high command that in order to save the Congress, they must act now and change the state leadership. Asked about the Congress' allegation that they were under BJP protection in Haryana, a state ruled by the saffron party, Bhakar said, "No one is in a BJP state, we are in Delhi." He, however, did not elaborate. --PTI
A day after the Special Operation Group (SOG) of Rajasthan Police registered criminal cases over purported audio clips of BJP leaders plotting to topple the Ashok Gehlot government, the BJP on Saturday sought a CBI probe into the “phone tapping” of all the political leaders in the state. Rajasthan government on Monday revoked the general consent under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, which is required for CBI investigation. In a notification, the government, said, that prior consent of the state government shall be required on a case-to-case basis by the CBI for investigation of any offence or class of offence under the said Section 3 of DSPE Act.
Sports and Youth Affairs Minister Ashok Chandna attending to official work at Fairmont Hotel
Hemaram Chowdhary, an MLA from the Pilot camp, demanded apology for Ashok Gehlot's comments on Sachin Pilot. "People of the state know who is corrupt and who is not. So, please refrain from slapping allegations of corruption (on Pilot). Please issue an apology to public for your comments, and stay away from making such comments in future."
Taking a dig at Gehlot camp, suspended Congress MLA Vishvendra Singh Bharatpur Monday said: "I am not afraid of such jackals. I appeal to all of you family members not to be confused, the Bharatpur royal family has served you and we have always been receiving your love and blessings, and continue to maintain it in the same way," he tweeted.
Rajasthan government revokes the general consent under section 6 of the Delhi Special Police Establishment Act, 1946, which is required for CBI investigation.
Leader of Opposition in the Rajasthan Assembly Gulab Chand Kataria Monday sought action on a complaint lodged by the BJP against Congress leaders for "damaging" the party's reputation. In a letter to the state DGP, Kataria said BJP spokesperson Laxmikant Bhardwaj on July 17 had complained that Congress leaders Randeep Surjewala and Govind Singh Dotasara were damaging his party's reputation through baseless charges against their leaders and misinterpretation of facts. The complaint was lodged on July 17 at the Ashok Nagar police station in Jaipur but an FIR is yet to be registered, Kataria said in the letter. "Therefore, the Director General of Police should take action," Kataria demanded. --PTI
Union minister Shekhawat Monday questioned the authenticity of the audio tapes, cited by the Congress to allege his involvement in a purported bid to bring down the Rajasthan government, and wanted to know its source and how the police accessed it. The Rajasthan Police SOG (special operations group), which is probing the case, had earlier sent a notice to Shekhawat, asking him to give his voice sample and record his statement, PTI reported. "They (police) should first clarify about authenticity of these tapes. Who recorded it and where did the SOG get it from. Investigation should be carried out to find out if these tapes are genuine or not," PTI quoted Shekhawat as saying.
Probing into an alleged plot to topple the Rajasthan government, the Special Operations Group of the state police force has served a notice on Union Minister Gajendra Singh Shekhawat under a CrPC section which requires him to appear before the investigation officer when called. The notice was sent to the personal secretary of Shekhawat in connection with the audio tapes, in one of which the minister is allegedly heard during a purported conversation to bring down the Rajasthan government.
Court rises for the day and will meet at 10.30 am on Tuesday. The Rajasthan HC will hear arguments of Senior Advocate Mukul Rohatgi, apprearing for the petitioners, on Tuesday.
If Speakers are permitted to act against legislators for speaking against party chief, that goes against right to dissent, says Salve, before the court rises for the day.
The fact that a legal dispute arises from the conduct of politicians is not a bar to Courts exercising jurisdiction, Salve quotes from the UK Supreme Court decision in the Parliament prorogation case. Salve says there is a difference in saying Courts will generally not interfere with Speaker's decision and Courts have no supervisory power. Courts can exercise jurisdiction over the decision of Speaker, Live Law quotes Salve.
Salve, appearing on behalf of the petitioners, says: Issuing disqualification notice for inner party dissent is a violation of freedom of speech of the legislator. If a law was made saying refusal to attend party meeting would amount to crossing the floor, your lordships will strike down that law.
Salve submits that Kihoto judgment does not absolutely bar interference of Court anterior to Speaker's decisions. The judgment permits such interference in exceptional circumstances, says Salve.
"This is done solely to malign me and to stifle the legitimate concerns that I had raised against the party leadership of the state, as a member and MLA of INC. This attempt further aims at defaming me and attack my credibility. The narrative is being redirected to avoid addressing the main issue. I will be taking appropriate and strictest possible legal action against the MLA who was made to make these accusations. I am sure more such concocted allegations will be thrown at me to cause aspersions on my public image. But I shall be unfettered and remain firm in my beliefs and convictions," Sachin Pilot added while reacting to Giriraj Singh's allegations.
Meanwhile, Sachin Pilot reacted to Giriraj Singh's allegation that the former Rajasthan deputy CM offered him Rs 35 crore to cross vote in Rajya Sabha polls. "I'm saddened but not surprised to be at receiving end of such baseless, vexatious allegations being levelled against me," Sachin Pilot said.
Defection is when you leave Party A and joint Party B. Intra-party differences were not regarded as defection in Kihoto judgment, says Salve. He adds that Intra-party debates are permissible. "If a group of MLAs raise their voices against style of functioning of Chief Minister, that is not defection," he argues, adding, "In fact, the Kihoto judgment draws a marker with respect to inner party dissent. This cannot be regarded as unprincipled defection."
'Crossing the floor' was the issue in Kihoto. Expressing dissent against a party chief is not 'crossing the floor'. He is 'staying on the floor', says Salve. Eminent jurist Nani Palkhiwala had criticized the tenth schedule, submits Salve. Salve submits that Kihoto judgment had addressed the issue of inner-party protest. Protesting against the party while staying within the party cannot be regarded as giving up party membership. Justice Venatachaliah had observed in Kihoto judgment that this (inner party protest) is a grey area of 10th schedule. The 10th schedule law has to evolve, Salve submits.
A mere act on inner party indiscipline cannot be regarded as giving up of party membership says Salve. Salve submits that Kihoto judgment had addressed the issue of inner-party protest. Protesting against the party while staying within the party cannot be regarded as giving up party membership. Salve submits that Kihoto judgment had addressed the issue of inner-party protest. Protesting against the party while staying within the party cannot be regarded as giving up party membership.
After the court re-assembles, Senior Advocate Harish Salve making rejoinder submissions for petitioners.
The bench has risen for a half an hour break.
Singhvi submited the Speaker could defer the decision till Wednesday, provided the 19 MLAs file a reply by tomorrow.
Court asked Advocate Harish Salve, appearing for the petitioners, if the hearing can be adjourned till tomorrow. Live Law reported. Salve says that he has some difficulty tomorrow, and seeks adjournment to Wednesday. Bench requested Singhvi to contact the Speaker to ascertain if the time for reply can be extended beyond 5.30 PM, July 21. Singhvi says the Speaker expresses reluctance saying that the time has been extended twice already.
Kamat said that the dissident MLAs had made open statements to bring down the government. He added that the Speaker is the Master of the House. It is his primary jurisdiction to evaluate the facts and evidence.
CJ Mahanty observed that the Whip can be only with respect to the Assembly Session. CJ Mahanty observed that whip cannot be issued with respect to a party meeting.
Devadatt Kamat, appearing for Congress Chief Whip Mahesh Joshi, said, "It is for the Speaker to take a call on whether the acts of the 19 MLAs amount to voluntary giving up of party membership." CJ Mahanty observed that the whip can be only with respect to the Assembly Session. Court should not go in the domain of Speaker as the speaker has to decide on facts of individual case, said Kamat.
CJ Mohanty asked how can the disqualification proceedings and the suspension be juxtaposed. "Either they are members of your party, or not members. It cannot be both ways," CJ observed. "You say these members have voluntarily given up their membership of the party. Now you have issued suspension against them. The assumption behind suspension is that they are members," said CJ Mahanty.
CJ Mahanty objected to the use of word "pack of 19 MLAs"; saying that it was an offensive language. Kamat agreed to withdraw the remark and used "group of 19 MLAs" then onwards.
Singhvi asked if the Court cannot interfere at the stage of show-cause, how can the Court decide on the sufficiency of reasons stated in the show-cause notice. "Speaker's power is not comparable to other Tribunals; not like other 'quasi-judicial bodies'," Singhvi said.
In Rajasthan HC, Chief Justice Mahanty asked if the Speaker is not required to make any application of mind before initiating proceedings under tenth schedule, reported Live Law. "Are you suggesting that the Speaker, at stage of issuing notice, is only required to see if the complaint regarding disqualification is in the proper proforma?," CJ Mahanty asked Singhvi. Singhvi says that the Speaker, on receiving such a complaint, will see if the allegations are broadly referable to Tenth Schedule, and are not outlandish. "Speaker is not like a post-office," Singhvi replied.
Gehlot said, "Hum jaante they ye nikamma hai, nakara hai, koi kaam nahi kar raha hai, khali logon ko ladwa raha hai. Main yahan koi baingan bechne nahi aaya hun, main koi sabzi bechne nahi aaya hun (I knew they were good for nothing, have no better work than instigating people to fight. I am not here to sell vegetables)"
Addressing a press conference, Rajasthan Cheif Minister Ashok Gehlot attacks Sachin Pilot, says some MLAs [of Pilot camp] are crying that their phones have been snatched and that they want to return. "You would have never heard in history that a party's state head is busy toppling his own government," he said. Gehlot ends his address with 'Satyamev Jayate'.
Congress MLA Girraj Singh claims that he was offered Rs 35 crores by former Rajasthan Deputy CM Sachin Pilot.
BJP spokesperson Laxmikant Bhardwaj approaches DCP South for an FIR against Congress leaders. The proceedings will begin after the lunch break.
'Voluntary giving up of party membership' to be read widely; no need for formal resignation; giving up of membership can be inferred from conduct, Singhvi submits, from the SC decision in Ravi Naik case (1994).
According to one calculation within the BJP, there are 21 MLAs in the Pilot camp, including the 19 Congress rebels and two Independents – Om Prakash Hudla (Mahuwa) and Suresh Tak (Kishangarh). These 21 MLAs, along with the BJP’s own 72 and three of its ally, the RLP, take the anti-Gehlot number in the 200-member Assembly to 96.
“Having come this far, it is not wise to not use this opportunity,” a senior BJP leader who is aware of the party’s plans in Rajasthan, said. The party has asked a clutch of tested leaders from its Rajasthan unit to explore the chances of winning over some MLAs currently in the Gehlot camp, the source said.
“The issue is that Gehlot has herded them (the MLAs) together at one place. This is making it difficult to gauge the minds of several MLAs who may not hesitate to jump the ship,” the source said.
State unit chief Satish Poonia and former minister Rajendra Singh Rathore have been tasked with coordinating the BJP’s efforts at the state level, sources said.