The Rajasthan High Court on Friday banned any action against Sachin Pilot for now.
In his case against his own party, Sachin Pilot has sought to nullify attempts to disqualify him and 18 other MLAs from the legislature. The Rajasthan High Court today banned any action against him for now. It has not indicated when it will hear the matter. Mr Pilot's party, the Congress, has already asked the Supreme Court to consider its petition - that no court can intervene before the Speaker of the House has taken the decision. In this case, the Congress argues, the Speaker has not yet decided whether he will move to disqualify Team Pilot. He has only asked them to explain why they disobeyed party orders to attend meetings chaired by Chief Minister Ashok Gehlot who was Mr Pilot's boss till recently.
Here are five important points that the Rajasthan High Court will address in its verdict on the Congress vs Sachin Pilot:
The Congress holds that Mr Pilot has violated anti- defection laws. But is dissent or strong opinions expressed against the party outside the Assembly a sign of a legislator having switched sides?
Do existing anti-defection laws, meant to curb horse-trading, encroach upon freedom of expression?
Does the Speaker's action of sending notices to Team Pilot, asking them to explain why they should not be disqualified, violate "the essence of democracy" by seeking to "throttle dissent against those in power"?
Does criticising the Chief Minister amount to voluntarily giving up membership of a political party?
Does the Supreme Court ruling in 1992, which looked at the powers of the Speaker in deciding disputes over defection, address dissent within a party as well? And can the High Court review these issues, listed above, despite the decades-old verdict of the top court?
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