Rajasthan Crisis: High Court Cannot Give ‘Protection Order’ to Team Driver: Chief Justice

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Rajasthan: Sachin Pilot and some congressmen revolt against Ashok Gehlot government

New Delhi:
Whether the process of disqualifying Sachin Pilot and other congressional rebels can continue may soon be revealed in the Supreme Court, where rival petitions filed in the Rajasthan government crisis are heard. President CP Joshi has asked the Supreme Court to prevent the Rajasthan High Court from rendering a verdict on the rebels’ challenge to the disqualification notices he sent out last week. The President also says in his petition that the High Court cannot ask him to postpone action against the rebels until Friday, when it is due to render a verdict. The Sachin Pilot team asked the Supreme Court to hold a hearing before making a decision.

Here’s your 10-point cheat sheet for this great story:

  1. “The High Court cannot at this stage give any protective order to the other side,” Kapil Sibal said before a bench of three Supreme Court judges, representing the President. No court can intervene when the President decides the case, he said.

  2. President CP Joshi had sent notifications to 19 rebel MPs, including Sachin Pilot, after skipping two congressional meetings called by Chief Minister Ashok Gehlot last week. The rebels argued in court that they did not intend to quit the party; they just want a change of direction. Mr Sibal said not attending the meetings was tantamount to giving up their membership.

  3. The president, who had previously said he would honor the Rajasthan High Court’s request to postpone the action until its verdict on Friday, told the Supreme Court that he was constitutionally empowered to act under anti-defection laws. The rebels cannot legally challenge his advice until he takes action, Joshi argued.

  4. Speaking to GalacticGaming, the President said he wanted to avoid a clash between constitutional institutions. But his decision to go to the Supreme Court reflects congressional fears that a legal rebel victory could endanger his government in Rajasthan.

  5. Chief Minister Ashok Gehlot has a narrow lead in the 200-member assembly – only one MP on the majority score of 101. If the courts rule that the 19 MPs on the Pilot team can be disqualified, Mr. Gehlot can win more easily because the score of the majority decreases. .

  6. If the rebel MPs win their case against the disqualification, then they can vote against the Congressional government and prevent Mr. Gehlot from retaining power in Rajasthan.

  7. The letter from the Chief Minister to Prime Minister Narendra Modi alleging attempts to dislodge his government by the BJP – he has appointed Union Minister Gajendra Singh Shekhawat – and “ambitious” members of his own party appeared last night.

  8. “At a time when our priority should be to save the lives and livelihoods of the masses, the center has become the main conspirator to overthrow a state government,” Gehlot wrote to Prime Minister Modi. “I don’t know what you know about it or if you are being misled. History will not forgive those who are complicit in these plots either,” he said.

  9. The chief minister accused Sachin Pilot, his deputy until he was sacked last week, of conspiring with the BJP to bring down the congressional government in Rajasthan in a plan similar to Madhya Pradesh, where the Kamal Nath government crashed in March following Jyotiraditya Scindia’s change from Congress to BJP.

  10. Sachin Pilot yesterday sent a legal opinion to a congressman who accused him of trying to bribe him into defection. The notice to MP Giriraj Singh Malinga said he had attempted to tarnish Mr. Pilot’s image and asked him for Re 1 and a written apology.

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