Acceptance of Alpesh Thakor's resignation as per norms: Assembly Secretary
By Dna 28-Sep-2019
- Gujarat Legislative Assembly Secretary Devendra Patel has submitted to the Gujarat High Court that there is no provision in the Constitution that provides that the Assembly Speaker will have to decide the disqualification petition against a member of the house before accepting his resignation.
- The submission was made in connection with a petition filed by Congress chief whip in the Assembly Ashwin Kotwal seeking the court's direction to speaker Rajendra Trivedi to ensure that the former MLAs and Congress turncoats—Alpesh Thakor and Dhavalsinh Zala— are not allowed to participate in the present house in any manner.
- Notably, the Congress party is apprehending that Thakor and Zala might return to the house after contesting bypolls and therefore, it has sought their disqualification for the remainder of the fourteenth term of the assembly.
- Patel's affidavit provides that Thakor had tendered his resignation as a Congress MLA on July 5, which was accepted at 2.55 pm on the same day, whereas Kotwal and leader of opposition Paresh Dhanani filed a disqualification application against Thakor at 2.59 pm under anti-defection rules as prescribed under the Tenth Schedule of the Constitution.
- Patel has also submitted that the Speaker can accept the resignation of a member of the house if he satisfied that the resignation is voluntary and genuine. Also, the affidavit provides that there was no material received, establishes the fact that Thakor's resignation was obtained by force or fraud and hence, it was accepted by Trivedi.
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