The hearing on a writ petition filed by Sachin Pilot and 18 other dissident Congress Members of Legislative Assembly (MLAs) from Rajasthan, challenging the disqualification notices issued to them by the state Assembly speaker, will resume in the high court here at 10.00 am on July 20.
The petition was taken up a by a bench of Chief Justice Indrajit Mahanty and Justice Prakash Gupta on July 17 and arguments were heard. The notices to the MLAs were served after the party complained to the speaker that the lawmakers had defied a whip to attend two Congress Legislature Party meetings last week.
The Pilot camp, however, argues that a party whip applies only when the Assembly is in session. In its complaint to the speaker, the Congress had sought action against Pilot and the other dissidents under paragraph 2(1)(a) of the 10th Schedule of the Constitution.
The provision disqualifies MLAs if they "voluntarily" give up the membership of the party that they represent in the House. Pilot was sacked as the Rajasthan deputy chief minister and the president of the state Congress unit after he rebelled against Chief Minister Ashok Gehlot.