HC junks review plea in MLAs’ disqualification notice row

Jaipur: Rajasthan High Court has dismissed a review petition filed in the 2020 Speaker disqualification notice controversy involving former deputy chief minister Sachin Pilot and around 18 MLAs of his faction, bringing relief to the legislators as no further action or threat of disqualification remains against them in the old matter.

A division bench comprising Acting Chief Justice Sajeev Prakash Sharma and Justice Shubha Mehta passed the order on April 30 while rejecting the review petition moved by Mohanlal Nama.

The bench observed that the issues raised in the matter were already recorded in the order of admission and had now become merely academic in nature. The court, therefore, declared the writ petition infructuous and disposed of it. It further noted that the scope of review jurisdiction is extremely limited and a case cannot be reargued through a review petition.

During the hearing, counsel for the petitioner Vimal Chaudhary argued that he was not given an opportunity to present submissions before the earlier order dated Dec 19, 2023, was passed. He also submitted that the HC had framed 13 legal questions in the case, including issues relating to defection law, validity of whip, powers of the Speaker and scope of judicial review, but those questions were left undecided when the petition was dismissed by the single bench earlier.

He contended that another connected petition filed by Rajendra Rathore on resignation of MLAs was still being heard on legal issues despite the dispute having ended. It was also pointed out that the Speaker’s Special Leave Petition in the Supreme Court against the interim stay granted by the HC remains pending.

However, the court observed that the issues raised in the matter now become merely academic in nature and declared the petition infructuous and disposed of it.

The controversy dates back to July 2020, when Sachin Pilot and supporting MLAs camped in Manesar amid a political rebellion against the then Chief Minister Ashok Gehlot. Following a complaint by Congress Chief Whip Mahesh Joshi over absence from Congress Legislature Party meetings held on July 13 and 14, 2020, the Speaker issued disqualification notices on July 15, 2020, which were challenged before the High Court.

However, the court observed that the issues raised in the matter now become merely academic in nature and declared the petition infructuous and disposed of it.