Home Legal News Rajasthan HC reserves order in challenge to Speaker’s notice stating No Coercive Action against Sachin Pilot ; Congress MLAs till July 24

Rajasthan HC reserves order in challenge to Speaker’s notice stating No Coercive Action against Sachin Pilot ; Congress MLAs till July 24

by Shreya
Sachin Piolt
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.

The order was reserved by a Bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta.The Court in case of Sachin Pilot case 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 Bench stated in its order of Sachin Pilot’s plea,

“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.”

Rohatgi further argued that the issuance of show cause notice by the Speaker “reeked of mala fides”, owing to the following facts:

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Projectvala assignment service updated

1. Notice was issued on the same day complaint was made.

Also Read: Speaker should have applied his mind before sending notice to Sachin Pilot, rebel Congress MLAs: Harish Salve argues before Rajasthan HC

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.

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In view of the amendment, the matter of Sachin Pilot 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.

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.

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