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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.

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CJP leaders Saurav Das, Ashutosh Ranka, Ajinkya Shinde sent to 5-day judicial custody

Three CJP leaders, Saurav Das, Ashutosh Ranka and Ajinkya Shinde, were placed under preventive arrest following a protest at Delhi’s Jantar Mantar over Chief Election Commissioner Gyanesh Kumar.

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Three leaders of the Cockroach Janata Party (CJP) — Saurav Das, Ashutosh Ranka and Ajinkya Shinde — have been placed under preventive arrest in connection with a protest at Delhi’s Jantar Mantar, where demonstrators demanded the resignation of Chief Election Commissioner Gyanesh Kumar.

The three were detained early Tuesday after crossing police barricades and entering Jantar Mantar, which was recently removed from the list of designated protest venues. A case was registered against them over their alleged actions.

According to the police case, the charges include trespassing, violation of a bond, and obstructing a public official from performing official duties.

The three leaders were produced before a Special Court of the Executive Magistrate on Wednesday and could be sent to judicial custody at Tihar Jail.

Why CJP leaders protested at Jantar Mantar

The protest comes amid demonstrations by the CJP and opposition groups over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The protesters were demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The controversy centres on allegations concerning the electoral roll revision exercise, which the Election Commission and the BJP have denied.

Jantar Mantar was recently removed from the list of designated protest venues in Delhi. The change followed an order naming alternative locations for demonstrations, prompting criticism from groups that want to hold protests at the established site.

CJP legal team raises concerns over detention

Ratna Singh, head of the CJP legal team, said in a post on X that Delhi Police had arrested Saurav Das, Ashutosh Ranka and Ajinkya Shinde at Parliament Street Police Station in connection with the Jantar Mantar case.

Singh alleged that the three were brought to the police station in a private van at around 3 am and were not allowed to meet their lawyers until late at night.

She also raised concerns about the legal process and the possibility of the leaders being sent to judicial custody.

The allegations regarding access to legal counsel were made by the CJP legal team and should be distinguished from the charges registered by the police.

The arrests mark another development in the ongoing dispute over protests at Jantar Mantar and the CJP’s campaign against the Chief Election Commissioner over the SIR exercise.

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BJP focuses on religion as opposition pushes BDM strategy in UP

The BJP is emphasising religious issues ahead of the Uttar Pradesh Assembly elections, while opposition parties are seeking to consolidate Backward, Dalit and Minority voters. Recent exchanges involving Yogi Adityanath, Akhilesh Yadav and Asaduddin Owaisi have added to the political contest over the state’s electoral narrative.

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Ahead of the 2027 Uttar Pradesh Assembly elections, the BJP is emphasising religious issues, while opposition parties are seeking to build a coalition of Backward, Dalit and Minority voters. The competing approaches have brought caste representation and religious messaging to the forefront of the state’s political discourse.

Recent temple-related controversies in Kashi, Ayodhya, Mathura and Sambhal have brought religious messaging back into the political conversation. The developments have also coincided with exchanges between Chief Minister Yogi Adityanath and Samajwadi Party chief Akhilesh Yadav over possible electoral contests.

Yogi Adityanath, Akhilesh Yadav trade election challenges

The latest round of political exchanges followed Yogi Adityanath’s invocation of the “80-20” formula during the Rajya Sabha election. Akhilesh Yadav subsequently challenged the Chief Minister to contest from Ayodhya.

During his visit to Ayodhya, the Samajwadi Party president attended a Bhagwat Katha but did not visit the Ram Mandir for darshan. His visit, during which he attended a Bhagwat Katha but did not visit the Ram Mandir for darshan, became another point of political discussion.

The Chief Minister responded during a visit to Balrampur, asking Akhilesh Yadav to contest against him.

The exchanges continued as political leaders questioned the Samajwadi Party chief’s religious outreach. State minister Om Prakash Rajbhar asked why Yadav had not visited Mathura, while AIMIM chief Asaduddin Owaisi challenged him to contest from Sambhal.

Responding to questions about the challenges, Akhilesh Yadav said the Chief Minister does not decide which candidates the parties nominate.

At a press conference in Lucknow, Yadav also remarked, “What could be better than getting the Chief Minister’s chair without even contesting the election?” His comment suggested that Adityanath might not contest the Assembly elections.

Adityanath, meanwhile, said he was pleased to have several options available to him.

BJP works on its own caste coalition

Alongside its emphasis on religious issues, the BJP is also seeking to broaden its social support base through caste representation.

During the Rajya Sabha elections, the party fielded three candidates from Backward Classes, two Dalits, two Brahmins and one Rajput. The Backward Class candidates included representatives of the Pal, Kurmi and Lodh communities.

The report describes the BJP’s selection of candidates from the Sonkar and Rawat communities as an attempt to attract support among the Gaur and Jatav Dalit vote banks. Its selection of two Brahmins and one Rajput was also part of its outreach to upper-caste voters.

These choices reflect the BJP’s efforts to build a social coalition that extends beyond its religious messaging as the state approaches the next Assembly election.

Akhilesh Yadav balances caste outreach with temple politics

The Samajwadi Party is also combining its BDM approach with religious outreach, described in the report as “soft Hindutva”.

Akhilesh Yadav is overseeing the construction of the Kedareshwar Temple in Etawah. When questioned about not visiting the Ram Mandir during his Ayodhya trip, he said he was waiting for the temple’s “Pran Pratishtha”, or consecration ceremony, implying that the ceremony held in 2024 did not count.

Yadav has also raised the issue of alleged theft of offerings at the Ram Temple, a move the report interprets as an attempt to appeal to Hindu voters.

The competing strategies indicate that caste representation, religious issues and temple-related controversies are all featuring in political messaging ahead of the 2027 Uttar Pradesh Assembly elections.

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L Murugan quits Union ministry to strengthen BJP in Tamil Nadu

L Murugan has resigned from his Union ministerial post and Rajya Sabha membership, saying he wants to return to grassroots politics and dedicate himself to strengthening the BJP in Tamil Nadu before the 2029 Lok Sabha elections.

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L Murugan

L Murugan has resigned from his position as Union Minister of State and his Rajya Sabha membership, saying he wants to return to grassroots politics and work towards strengthening the Bharatiya Janata Party (BJP) in Tamil Nadu ahead of the 2029 Lok Sabha elections.

Murugan, who held the portfolios of Information and Broadcasting and Parliamentary Affairs, announced his decision in a post on X on Tuesday, October 13. He described his time in the Union government under Prime Minister Narendra Modi’s leadership as a great honour and said he wanted to devote himself full-time to the party’s work in Tamil Nadu.

L Murugan says he wants to return to grassroots politics

In his post, Murugan expressed gratitude for the opportunity to serve in the Union Council of Ministers and highlighted his background as the son of daily-wage labourers.

He said he now wished to return to the grassroots, stand alongside BJP workers and dedicate his time to strengthening the party in Tamil Nadu before the next Lok Sabha elections.

Murugan’s stated objective is to help expand the BJP’s presence in the state and contribute to the party’s performance in the 2029 general elections.

Murugan’s resignation comes amid Cabinet reshuffle speculation

His decision comes amid speculation about a possible reshuffle in the Union government. The discussion gained momentum after several Rajya Sabha MPs and ministers, including Petroleum Minister Hardeep Singh Puri, were not renominated.

However, the report does not establish that the speculation about a Cabinet reshuffle was the reason for Murugan’s resignation. His publicly stated reason was his desire to return to grassroots work and strengthen the BJP in Tamil Nadu.

Murugan thanks PM Modi for the opportunity to serve

Murugan described serving India and Tamil Nadu under Modi’s leadership as one of the greatest privileges of his life. He also referred to his journey from a family of daily-wage labourers to the Union Council of Ministers.

His announcement places his immediate political focus on Tamil Nadu, with the BJP’s preparations for the 2029 Lok Sabha elections forming a central part of his stated plans.

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