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Congress urges Governor to convene Rajasthan Assembly; HC orders status quo

Our Bureau/Agencies New Delhi | Updated on July 24, 2020 Published on July 24, 2020

Governor Kalraj Mishra interacts with the Congress MLAs who accompanied Rajasthan Chief Minister Ashok Gehlot to the Raj Bhawan , in Jaipur on Friday   -  PTI

MLAs protested demanding that CM Ghelot be allowed to prove majority

The Congress in Rajasthan started putting pressure on Governor Kalraj Mishra to convene the Assembly for the government to seek a trust vote at the earliest. The Congress’s move started soon after the Rajasthan High Court ordered status quo on the disqualification notice issued by the Assembly Speaker CP Joshi to 19 dissident Congress MLAs, including the Deputy Chief Minister Sachin Pilot.

Party MLAs protested at the Raj Bhavan in Jaipur demanding that the session should be convened soon. Chief Minister Ashok Ghelot met with Mishra on Friday.

The BJP urged the Centre to send CRPF personnel for the protection of Governor.

In Delhi, Gehlot’s advocate and senior Congress MP Kapil Sibal cited Supreme Court orders that upheld the principle that the strength of a Government should be proved on the floor of the House.

‘Redefining democracy’

Coming down heavily against Mishra and the High Court’s order, Sibal charged that the BJP is trying to give a “new definition for democracy”. He said there is a new way for the functioning of the Governors. “In the past we have seen how Governors functioned in States like Arunachal Pradesh,” he said.

He maintained Mishra should have gone by the Cabinet’s recommendation to convene the House on Monday. “There was no response from governor,” he said justifying the protest which was being held at Raj Bhawan. He said the Speaker is a Constitutional post and the presiding officer can send notices based on the complaint against rebels.

Meanwhile, a counsel for Joshi said: “The writ petition has been admitted and the court has ordered for status quo on the notices dated July 14.

The matter will be heard in due course now.” The bench said the writ petition is maintainable and is admitted on the ground of three pleas of the petitioners.

“After completion of filing of pleadings of the parties and the intervenors, Counsel for the parties shall be at liberty to file an application for early hearing of the writ petition. Till then, the ‘status quo’, as exists today viz-a-viz impugned notices dated 14.07.2020, shall be maintained,” the order stated.

Prior to this, the court allowed an application for impleadment of the Union of India in the list of respondents. The court also rejected two pleas which sought an order declaring that alleged actions of the petitioners as the members of Rajasthan Legislative Assembly do not come within the purview of disqualification envisaged under Para (2) of the Tenth Schedule of the Constitution, and declaring Clause 2 (1) (a) of the Tenth Schedule of the Constitution ultra vires. Rejecting the petitions, the court said they are beyond its jurisdiction.

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Published on July 24, 2020
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