In an affidavit filed by the secretary of the assembly, Devendra Patel, stated that the speaker’s decision to accept Thakor’s resignation as an MLA was legal and that his not taking any decision on the leader of the opposition, Paresh Dhanani’s disqualification petition for Thakor and another MLA Dhavalsinh Zala cannot be termed as inaction on part of the speaker, Rajendra Trivedi. The speaker of the state assembly has conveyed to the Gujarat high court that his acceptance of the resignation tendered by Alpesh Thakor as Congress party MLA was legal. The chief whip of Congress party, Ashwin Kotwal, has filed a petition questioning the speaker’s decision of accepting Thakor and Zala’s resignations immediately. He has also sought directions to the speaker to take a decision on Dhanani’s petition before the speaker to disqualify both the former MLAs under provisions of antidefection laws because they violated the whip and voted in favour of BJP candidate during Rajya Sabha bypolls. Hence they should be declared disqualified under the 10th Schedule to the Constitution.
The secretary cited provisions of Articles 190 and 191 to justify the speaker’s gesture of accepting the resignations immediately because he found the resignation voluntary. He also said that the speaker cannot compel an MLA to continue on his position against his/her wish.
The affidavit made it clear that the provisions of constitution do not require the speaker to decide Dhanani’s disqualification petition as a pre-condition for accepting the resignation.
Acceptance of Alpesh Thakor’s resign as Congress party MLA was legal: Speaker to Gjarat HC
