Jaipur: The Rajasthan High Court on Friday ordered status quo on disqualification notice sent to 19 MLAs, including former chief minister Sachin Pilot, under anti-defection law.
With this order, Speaker C P Joshi will be unable to take any action against the dissident legislators for the time being even if they fail to respond to the notices.
A division bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta also accepted another plea of Mr Pilot to make the Union Government a party in the writ petition.
However, on the larger question of constitutionality of the notices, the division bench deferred the verdict till the Supreme Court decides the validity of anti-defection law in the case.
The writ petition was filed by the rebels last week in the HC after they were served with notices of disqualification by the Speaker under anti-defection law.
The decision of the HC drew an err from the Congress.
Chief Minister Ashok Gehlot though accepted the judgement and said he respects the judiciary, yet held a Cabinet meeting as well as Congress Legislature Party meeting to discuss the changing political situation in the state.
While holding a press conference in the pink city, Mr Gehlot informed the media that he has asked Governor Kalraj Mishra to convene an urgent session of Vidhan Sabha for a floor test.
He also warned if the Governor fails to meet his demands, he along with his supporters will ‘gherao’ the Raj Bhawan.
“Floor test is needed. Even Opposition and judiciary want it. Due to this political turmoil, it’s the people of the state who are suffering,” Mr Gehlot told reporters here.
“I know you (Governor) are under pressure from outsiders (BJP). Do what is right and moral,” the Chief Minister opined.
In the afternoon, when Mr Gehlot got no response from the Governor, he took the MLAs to the Raj Bhawan from Fairmount Hotel, where they have been staying, since weeks.
In pictures that emerged on social media, the MLAs were seen sitting in the lawn of the Raj Bhawan and wearing mask and maintaining social distancing as a precautionary measure against COVID-19.
Several MLAs, in video-clips, were heard raising slogans like “Rajyapal Mahodya House Bulao” (Honourable Governor, call the House).
The Governor declined the request for floor test in the first meeting with Mr Gehlot.
Apprising the Chief Minister about the COVID-19 situation, the Governor said calling an urgent session of Assembly amid the pandemic needs wider and broader consideration.
Dissatisfied with the Governor’s explanation, the Gehlot camp continued their protest by sitting in the lawn of the Raj Bhawan.
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Later, in the night the Congress MLAs ended their protest left the premises of the Raj Bhawan after the Governor assured them he will call an Assembly session after clarifying some questions from the state Cabinet.
Immediately, Congress spokesperson and senior leader informed that a state Cabinet meeting has been called at 2130 hrs to clear doubts raised by the Governor.
However, the Opposition Bharatiya Janata Party called the whole episode a ‘drama’.
The BJP asked the Centre to deploy Central Reserve Police Force in the state to keep law and order in place as Mr Gehlot and his supporters had ‘gheraoed’ the Raj Bhawan.
“Gehlot said if floor test demand is not met, people will gherao the Raj Bhawan. Law and order in state is in danger. We don’t trust Rajasthan Police. I request the Centre to send CRPF force immediately,” Leader of Opposition Gulab Chand Kataria told mediapersons here.
On the other hand senior BJP leader and Rajasthan party president Satish Poonia termed ‘unconstitutional’ the protest.
“You (Mr Gehlot) can a write letter, request him (Governor) or meet personally. But entering his premises and protesting is highly unconstitutional,” Mr Poonia said in a press conference here.
The senior BJP leader, also an MLA from Amber constituency, said the act to ‘gherao’ the Governor premises is nothing but a ‘political tactic’.
“He wants rebels to be disqualified anyhow so that he can prove majority. But there are rules which have to be followed,” the BJP president said.
Mr Poonia said rule applies to all. No one is above it.
Meanwhile, the Rajasthan Congress announced that it would hold protest across all district headquaters to bring ‘petty politics’ by Bharatiya Janata Party to everyone’s notice.
“Tomorrow at 11 am, our party workers will hold a protest against BJP’s cheap game plan. If required, we will extend the protest to village level,” state Congress party president Govind Dostara told mediapersns.
If the disqualification of 19 MLAs take place, the strength of the Assembly will be reduced to 181, with a new halfway-mark of 91 required to rule the House.
In the present Assembly, Congress has 107 MLAs, while BJP has 72.
Rajasthan plunged into a political crisis after Mr Pilot and his loyalists revolted against Mr Gehlot and left the desert state.
Later, Mr Pilot was stripped of the dual posts of Deputy Chief Minister and state Congress president. Mr Pilot, along with the rebels, remained cemented in Manesar Hotel, over 280 km away from the Pink City.
(Agencies)