English हिन्दी
Connect with us

India News

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

Published

on

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.

India News

Mayawati says Akash Anand needs more maturity, rules out major BSP role

BSP chief Mayawati says nephew Akash Anand needs greater political maturity before taking on a major responsibility in the party.

Published

on

Akash Anand

Bahujan Samaj Party (BSP) chief Mayawati on Thursday said her nephew Akash Anand needs to gain greater political maturity before he can be entrusted with any major responsibility in the party.

Addressing a national-level meeting of BSP office-bearers, Mayawati said she had allowed Akash Anand to continue working within the organisation but felt that he was not yet ready to handle a significant party responsibility.

“I have allowed Akash Anand to work in the party, which is before all of you, but Akash Anand still needs to become more mature. Till then, it would not be appropriate to give him a major responsibility in the party,” Mayawati said.

Mayawati also made it clear that Akash Anand, who is the BSP’s national coordinator, would continue working in the party. However, he will not be entrusted with any major responsibility for the time being.

Mayawati refers to Kanshi Ram’s principles

Explaining her position, Mayawati referred to the principles of BSP founder Kanshi Ram.

She said Kanshi Ram had permitted members of his family and other relatives to assist with party work, but was against giving them election tickets or positions after the party came to power.

Mayawati said she was also committed to following that principle. According to her, maintaining this approach was important to protect the BSP from tactics allegedly employed by political opponents during elections.

BSP to contest elections alone

During the meeting, Mayawati also announced a major political decision concerning the BSP’s electoral strategy.

She said the party had decided to contest all elections across the country on its own, irrespective of whether they were small or major elections.

Targeting the Congress, Mayawati described it as a “strongly anti-Dalit and anti-Ambedkar” party and said the BSP would therefore fight elections independently rather than depend on other parties.

The decision was announced as Mayawati reviewed the BSP’s organisational work and discussed shortcomings with party office-bearers.

She instructed leaders at different levels to implement the party’s annual organisational activities with complete honesty and dedication.

Mayawati attacks RSS over minority rights

Mayawati also criticised the Rashtriya Swayamsevak Sangh (RSS), referring to comments made by its chief Mohan Bhagwat during his recent visit to the United States.

Bhagwat had said that a Hindu who believes there should be no Muslims in Bharat would not remain a Hindu. He had also spoken about Hindu philosophy accepting that different faiths can lead to the same truth and emphasised the idea of unity in diversity.

Mayawati, however, said there was a significant difference between the RSS’s statements and its actions.

She argued that the organisation lacked credibility when it came to issues concerning the interests and welfare of the Bahujan Samaj, reservation as a constitutional right, and the safety, dignity and religious freedom of women, Muslims and other religious minorities.

She further said that despite its long existence, the RSS had not received the recognition and respect it sought.

Mayawati invokes Ambedkar’s Constitution

The BSP chief also challenged the RSS to demonstrate its commitment to the Constitution drafted under the leadership of Babasaheb Dr Bhimrao Ambedkar.

Mayawati said that if the RSS genuinely had faith in a humanitarian, welfare-oriented and egalitarian Constitution, it should follow its principles honestly and ensure that its members did the same.

BSP reiterates focus on Bahujan Samaj

At the national meeting, Mayawati reviewed the BSP’s organisational activities, assessed its shortcomings and gave directions to office-bearers regarding the party’s future work.

She reiterated that protecting the interests of the Bahujan Samaj and bringing exploited and deprived sections to political power remained the BSP’s central mission.

Mayawati maintained that achieving political power was necessary for the party to fulfil these objectives.

Her latest remarks on Akash Anand indicate that while her nephew will remain associated with the BSP and continue working for the organisation, he will not receive a major party responsibility until she believes he has attained the required political maturity.

Continue Reading

India News

Abhinandan Varthaman retires from IAF, joins FLY91 as commercial pilot

Abhinandan Varthaman has taken premature retirement from the IAF after 22 years and reportedly joined Goa-based airline FLY91 as a commercial pilot.

Published

on

Indian Air Force fighter pilot Abhinandan Varthaman has taken premature retirement from the force after 22 years of service and has reportedly moved to commercial aviation.

The former Group Captain and Vir Chakra awardee has joined Goa-based regional airline FLY91 as a pilot, according to a report citing sources. The report said Varthaman joined the airline in August.

Varthaman has not made any public statement about the reported move. A spokesperson for FLY91 also declined to provide personal information about its employees, describing it as a private matter.

What is FLY91?

FLY91 is a regional airline based in Goa that began flight operations in March 2024. According to the report, the airline currently operates six ATR 72-600 aircraft and has bases in Goa and Hyderabad.

Abhinandan Varthaman’s 2019 aerial combat

Varthaman became widely known following the India-Pakistan aerial confrontation in February 2019.

After a suicide bombing in Pulwama killed 40 CRPF personnel, India carried out air strikes against a Jaish-e-Mohammad training camp in Balakot, according to the Indian government’s account.

The following day, the Pakistan Air Force launched a response, leading to an aerial engagement between the two sides. Varthaman, who was a Wing Commander at the time, was flying a MiG-21 when his aircraft was hit. He ejected and was subsequently captured by Pakistani forces.

According to the Indian government’s account and his Vir Chakra citation, Varthaman shot down a Pakistani F-16 during the aerial engagement before his own aircraft was hit. He was held in Pakistan for three days and was released on the night of March 1, 2019. He sustained injuries while ejecting from his MiG-21 Bison.

He was awarded the Vir Chakra, India’s third-highest wartime gallantry award, for his actions during the dogfight. The award was conferred in 2021. The award citation described him as displaying an “exceptional sense of duty”.

His reported transition to FLY91 marks a new phase in his aviation career, taking him from military fighter operations to commercial flying.

Continue Reading

India News

Raghav Chadha marked as shifted in Punjab draft voter rolls, alleges AAP vendetta

Raghav Chadha has alleged political vendetta after his name was marked “shifted” in Punjab’s draft electoral rolls during the SIR exercise.

Published

on

Raghav Chadha

BJP Rajya Sabha MP Raghav Chadha has raised questions after his name was marked as “shifted” in Punjab’s draft electoral rolls prepared during the Special Intensive Revision (SIR) of voter lists.

Chadha, who remains a Rajya Sabha member from Punjab and has his voter registration in Mohali, alleged that the classification was not a routine clerical error and accused the Aam Aadmi Party-led Punjab government of political vendetta.

The electoral rolls currently under discussion are draft lists, with the final rolls scheduled to be published in October 2026.

Raghav Chadha questions voter list classification

Chadha said he was surprised to find his name classified as “shifted” despite being a sitting MP from Punjab.

He questioned how such a classification was made and pointed to the involvement of officials at different stages of the electoral roll revision process. According to Chadha, Booth Level Officers, Assistant Electoral Registration Officers, Electoral Registration Officers and District Election Officers are part of the process.

He alleged that these officials could potentially face political pressure because their transfers and postings are controlled by the state government.

Chadha also referred to Paragraph 4(d) of the Election Commission of India’s SIR guidelines. He said the provision requires public representatives, including MPs and MLAs, whose names are flagged in the electoral database to be included in the draft rolls so that they can participate in the claims and objections process.

He alleged that this provision was not followed in his case.

Punjab CEO seeks report on Chadha’s voter status

Punjab Chief Electoral Officer Anindita Mitra told that she was not aware of any deletion of Chadha’s name from the electoral rolls.

She said a detailed report would be sought from the district election authorities to determine whether his name had actually been deleted and, if so, the reason for the action.

Mitra also pointed out that the claims and objections process is currently underway. September 13 is the deadline for filing appeals over changes or discrepancies in the electoral rolls.

AAP rejects political vendetta allegation

The controversy has also drawn a response from the Aam Aadmi Party.

AAP leader Neel Garg rejected Chadha’s allegation, saying the party had no interest in deleting the vote of any individual. He instead alleged that the issue was being raised by the BJP and referred to the SIR exercises in Bihar and West Bengal.

Chadha joined the BJP in April 2026 along with six other AAP Rajya Sabha MPs.

The dispute comes as Punjab’s electoral rolls undergo revision ahead of the 2027 Assembly elections. Since the claims and objections process is still open, the status of Chadha’s name is subject to the ongoing electoral process.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com