Jaipur, July 21: The Congress government in Rajasthan is facing a political crisis after sacked Deputy CM Sachin Pilot, along with 18 other party MLAs, revolted against Chief Minister Ashok Gehlot. The matter reached the Rajasthan High Court after Sachin Pilot and rebel Congress MLAs challenged disqualification notices issued to them by Assembly Speaker CP Joshi on a complaint by Congress's Chief Whip Mahesh Joshi. Rajasthan Political Crisis: As Sachin Pilot Revolts, Congress Summons MLAs, Says 'Ashok Gehlot Has Support of 109 Legislators'; Here's The Number Game.

It needs to be mentioned here that Joshi had issued a notice on July 14 to 19 MLAs, including Pilot, asking why they should not be disqualified from the Legislative Assembly. Amid the political drama, the question remains whether Pilot and rebel Congress MLAs can be disqualified from the House, under the anti-defection law, on the basis of "dissent" as they have not quit the party or joined any other party or disobeyed the whip. Jyotiraditya Scindia Reacts to Rajasthan Congress Crisis, Says 'Sad to See Sachin Pilot Being Sidelined'.

What is anti-defection law?

Enshrined in the 10th Schedule of the Constitution, anti-defection law makes legislators and lawmakers accountable to their parties. Under the law, if an MLA or MP violates the whip of his party in the House or voluntarily gives up the membership of the party, he or she is liable to be disqualified. This law was brought in to ensure that an MLA or MP does not leave his/her party after being lured by a rival.

How an MLA or MP can escape anti-defection law?

If an MLA or MP walks away with two-thirds of all elected members of his/her party, then anti-defection law cannot be enforced.

Can Sachin Pilot be disqualified under anti-defection law?

As mentioned above, there are two grounds on which a legislator or lawmaker can be disqualified under the anti-defection law; she or he gives up the membership of the party or disobeys the whip. Sachin Pilot and 18 rebel Congress MLAs have neither quit the Congress, nor acted against any whip issued by the party. However, the Supreme Court's interpretation of the phrase, "voluntarily gives up his membership" goes in favour of the Gehlot camp.

The Supreme Court in its judgments has ruled that formal resignation from the party is not a prerequisite for giving up membership. The apex court has said that public opposition to party's decisions or support to a rival party or participating in rallies of the rivals constitute "giving up membership". Sachin Pilot has gone public with his displeasure with the party leadership and its decision to appoint Gehlot as the chief minister.

Besides, Pilot and rebel Congress MLAs have also defied directive to attend the Congress Legislature Party meetings. Whips were issued for the purpose. However, the Pilot camp has argued that whip applies only in the case of voting on the floor of the House. In this regard, the Gehlot government may call for a session of the assembly and go for a floor test. Congress will issue a whip asking all its MLAs to vote in favour of Gehlot. If the Pilot camp remains absent or doesn't vote for Gehlot, they will face disqualification under the anti-defection law.

(The above story first appeared on LatestLY on Jul 21, 2020 04:19 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).