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Sachin Pilot case: Breather for warring factions: Verdict on Friday

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Sachin Pilot

On day 3, Pilot’s counsel says Article 226 gives high courts authority over a Speaker’s actions; ‘What has been done (by the Speaker) was in total violation of the principle of natural justice,” says Mukul Rohatgi; HC asks Speaker to take no action on Pilot and dissidents till Friday’s verdict.

Rajasthan’s 19 dissident MLAs, headed by Sachin Pilot have received a ‘breather’ from the Rajasthan High Court. To be frank, so have CP Joshi, the speaker of the Rajasthan Assembly, as well as Chief Minster Ashok Gehlot. They will have to wait till Friday, when the court will deliver its verdict. The speaker has been directed by the court to not take any action against the dissidents till the verdict is announced.

Three days of the hearings concluded this afternoon.

The third day’s hearing, today, was virtually taken over by Senior Advocate Mukul Rohatgi, who argued that Article 226 gives high courts jurisdiction over Speaker’s actions. Also in the highlight was senior advocate Devdutt Kamat’s argument that voluntary giving up of membership does remain an issue for Sachin Pilot and his men.

On the third day of hearing of the submissions in the petition filed by dissident Congress MLAs, led by Sachin Pilot, Rohatgi today (July 21) argued for the petitioners and cited powers that high courts have under Article 226 of the constitution. As per that article, high courts can exercise jurisdiction over an Assembly Speaker’s actions.

Yesterday the Speaker’s counsel, Abhisekh Manu Singhvi, had stressed that the Speaker was beyond the purview of the High Court of Rajasthan.

As hearings began on the third day Rohatgi defined the powers of the high court as per Article 226 of the Constitution.  He said that under 226, the powers of the high court cannot be curtailed by the constitution or anything else. He said it was part of the basic structure. He said that this was wider than even article 32. Therefore, he said, that the Speaker’s argument that the court cannot act on his decisions is wrong.

What does Article 226 say?

“Article 226 of the Constitution empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.”

Judgment with facts

Rohatgi clarified that the Kihoto judgment, as referred to in court yesterday, be read according to the facts. “No judgment can be read in vacuum or without the facts,” he said. Reading the judgment, he said that the entire emphasis was on defection from one party to other party. “When you quote Aaya Ram Gaya Ram, you cross the floor.”

Rohatgi also cited the 2008 Deepak Bajaj judgment by Justice Katju.

“I am attacking the motive on several grounds,” he said. “Please note: Notice issued the day complaint is made, maybe even in a few hours same day. The legislative rules of Assembly derive their validity from the Constitution, they are not subordinate. They state that on receiving a complaint he (the Speaker) examines it and is prima facie satisfied. All this was thrown out of the ring. There is nothing on record to show that this was done.”

He added that a normal law under 226, a challenge to a show cause notice, will be entertained on well known factors, such as excess of jurisdiction, colourable exercise of power, etc. “I am saying what has been done was in total violation of the principle of natural justice.  Schedule 10 doesn’t allow a show cause on these facts.”

Citing the case of MLA Dilawar, Rohatgi said: “If there was a lockdown till July, what about Dilawar’s case? Was this more important than him? The proceedings reek of malafide. And this is done during a pandemic! We are amidst COVID. My question is, what was the tearing hurry?”

He added: “The rules say that within 7 days, or such extended period as there may be. The Speaker can, therefore, extend the time period.According to rules, the procedure is like in a court. there are arguments, cross examinations, evidence, etc. The court must ask the Speaker to file a better affidavit answering all the questions raised.”

He also said: “Historically. or ironically, the power should be vested in a neutral tribunal.” He cited the Manipur case that dealt with the fact that Speaker came from a political party.

Stress on membership

Senior Advocate Devadatt Kamat, arguing for Congress and the Speaker, went through the Rajasthan Legislative Assembly Rules of Procedure and said that those rules do not say that reasons need to be recorded in the notice, at this stage. He said: “A lot of things were said, but I’ll not respond to those. I’ll keep within my ‘maryada’.

Continuing from yesterday, Kamat said that there was no rebuttal from either counsels Salve or Rohatgi on the point that the action of Sachin Pilot-led MLAs amount to voluntary giving up of party membership. He said Parliamentary Committee reports with respect to the Tenth Schedule observed that those who wreck inner party discipline must pay the price with disqualification.

2024 Lok Sabha Elections

Sunita Kejriwal holds maiden Lok Sabha election roadshow in Delhi

Sunita Kejriwal will also hold a road show in West Delhi Lok Sabha constituency on Sunday. AAP party leaders said Sunita Kejriwal will also spearhead the campaign for AAP candidates in South Delhi and New Delhi constituencies as well as in Haryana, Gujarat and Punjab.

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Aam Aadmi Party began its campaign for 3rd phase of Lok Sabha elections 2024 on Saturday with Sunita Kejriwal, wife of jailed Delhi Chief Minister Arvind Kejriwal holding a roadshow in Delhi. In a massive rally, Sunita Kejriwal was be seen standing on a vehicle holding her hands and greeting the people of the area. AAP’s East Delhi candidate Kuldeep Kumar was seen sitting on the vehicle as he showcased a portrait of Rani Laxmibai.

Earlier ahead of Sunita Kejrieal’s roadshow, Kuldeep Kumar told the media that Delhi Chief Minister Arvind Kejriwal who worked to provide the best school, and free- electricity to the people of Delhi has been framed in a fake case by BJP. Kumar further added that from today onwards Sunita Kejriwal’s roadshow will start and she is going to seek support and blessings from the Delhi people to continue its fight against the BJP government.

Aam Aadmi Party workers also staged a protest under the banner of Jail ka jawab vote se near Delhi’s Lakshmi Nagar area on Saturday against the arrest of Delhi CM Arvind Kejriwal in connection with an excise policy case.

After the Delhi CM’s arrest by the Enforcement Directorate (ED) in the liquor policy case in March, Sunita Kejriwal has taken up a more prominent role in campaigning activities for the Aam Aadmi Party. Since the Delhi CM’s arrest, Atishi and other AAP leaders have alleged that the arrest was made so that to the AAP Supremo can be prevented from campaigning for the Lok Sabha elections. Arvind Kejriwal has been sent to judicial custody until May 7.

Sunita Kejriwal will also hold a road show in West Delhi Lok Sabha constituency on Sunday. AAP party leaders said Sunita Kejriwal will also spearhead the campaign for AAP candidates in South Delhi and New Delhi constituencies as well as in Haryana, Gujarat and Punjab. She is emerging as a star campaigner for Aam Aadmi Party.

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2024 Lok Sabha Elections

Mallikarjun Kharge says candidates for Amethi, Rae Bareli seats in Uttar Pradesh will be announced in a few days

On being asked about the names of the candidates for Amethi and Rae Bareli Lok Sabha constituencies Mallikarjun Kharge said the people will have to wait for a few more days. He said when the names of candidates come from people to him and he will sign the notification, then the announcement will be made.

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Congress president Mallikarjun Kharge on Saturday said that the candidates for prestigious Amethi and Rae Bareli seats in Uttar Pradesh will be announced in a few days. He was addressing a press conference where he claimed that though the BJP says the corrupt must be put in jails, when leaders facing corruption charges join the saffron party, they are put on the lap and sent to Rajya Sabha or assembly.

On being asked about the names of the candidates for Amethi and Rae Bareli Lok Sabha constituencies he said the people will have to wait for a few more days. He said when the names of candidates come from people to him and he will sign the notification, then the announcement will be made.

On being questioned about Congress leaders changing constituencies Kharge asked how many times have Atal Bihari Vajpayee and Lal Krishna Advani changed their seats. His response came when asked about the BJP criticising Rahul Gandhi for fighting the elections from Kerala’s Wayanad instead of Amethi. Referring to Assam Chief Minister Himanta Biswa Sarma, Kharge said the Congress is not affected by people who grew up in the party and left it later.

The Congress president launched an all round attack on the BJP and PM Modi and said the prime minister did not implement even one of his electoral promises and still says Modi did a lot of work for the country. Addressing the press conference he said the BJP never fought for the independence of India, but Congress is a party of those who made India independent. He said the BJP never fought for the independence of India, for the development of India. The Congress President said the BJP speaks so much about patriotism and that the contribution of Pandit Jawahar Lal Nehru, Indira Gandhi and Lal Bahadur Shastri is nothing before them.

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2024 Lok Sabha Elections

Priyanka Gandhi accuses BJP of planning to change the Constitution, criticises PM Modi for inflation

Priyanka Gandhi was speaking at an election rally at Dharampur village of tribal dominated Valsad district held in support of Congress candidate for ST-reserved Valsad Lok Sabha seat, Anant Patel.

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Congress leader Priyanka Gandhi on Saturday said the BJP may be denying it now, but the party will change the Constitution if it returns to power. She targeted Prime Minister Narendra Modi over inflation and called him the mehengai man.

Gandhi said the BJP leaders and candidates are saying that they will change the Constitution. She said PM Modi is denying it and this is BJP’s tactic. Priyanka Gandhi was speaking at an election rally at Dharampur village of tribal dominated Valsad district, Gujarat held in support of Congress candidate for ST-reserved Valsad Lok Sabha seat, Anant Patel.

Gandhi said first the BJP will deny what they want to do. But after coming to power they will implement it. She further added the BJP wants to change the constitution to weaken the common people and deprive them of their rights given in the Constitution. She said the BJP leaders project the Prime Minister as powerful and say that chutki bajake ladai rukwa dete hai (he can stop the Russia- Ukraine war with the snap of his fingers). She asked why is Prime Minister unable to remove poverty just like that?

Priyanka Gandhi claimed the tribal population in Gujarat which is Modi’s home state and the whole country is suffering from issues like rising inflation, unemployment, low remumberation, loss of land, violence against women and other atrocities. She highlighted the Congress manifesto and said it addresses issues faced by the tribal population.

She assured the people that the Congress will bring schemes like MGNREGA for urban areas where families will get 100 days of guaranteed work. She said the Congress is committed to filing about 30 lakh vacancies in government jobs, providing subsidised diesel to fishermen and take the minimum wage to Rs 400. Gandhi said the Congress is going to work out sub plans for Scheduled Tribes and scheduled castes.

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