Rajasthan Crisis : Live Updates From HC Hearing On Sachin Pilot Camp's Plea

Issuing disqualification notice for inner party dissent is a violation of freedom of speech of the legislator : Salve

Even if the complaint allegations are assumed to be true, they will only constitute a case of inner party dissent. No case under 10th schedule : Salve

Salve giving a example :

"If a group of MLAs say that the Party President is incompetent, and the party president complains to Speaker that they have defected, and the Speaker issues notice for disqualification, can they not approach the Court against it?"

Salve submits that Kihoto judgment does not absolutely bar interference of Court anterior to Speaker's decisions. The judgment permits such interference in exceptional circumstances : Salve

'Mala fides' is a ground available to challenge Speaker's decision, as per Kihoto judgment : Salve.

If a group of MLAs raise their voices against style of functioning of Chief Minister, that is not defection. In fact, the Kihoto judgment draws a marker with respect to inner party dissent. This cannot be regarded as "unprincipled defection" : Salve.

Intra-party debates are permissible : Salve

Defection is when you leave Party A and joint Party B. Intra-party differences were not regarded as defection in Kihoto judgment : Salve

Justice Venatachaliah had observed in Kihoto judgment that this (inner party protest) is a grey area of 10th schedule.

The 10th schedule law has to evolve, Salve submits.

Salve submits that Kihoto judgment had addressed the issue of inner-party protest. Protesting against the party while staying within the party cannot be regarded as giving up party membership.