The Gujarat High Court Tuesday dismissed a petition moved by the Congress seeking its direction to the assembly speaker to take a quick decision on disqualification of its MLA Alpesh Thakor.
A division bench of Justices S R Brahmbhatt and A P Thaker dismissed the petition after deciding to not interfere in the matter which is pending before the Gujarat Assembly speaker.
The petition was moved by Ashwin Kotwal, the chief whip of the opposition party in the assembly, seeking the HC's direction to the speaker for an early decision on the disqualification plea filed against Thakor.
Thakor had told the court he cannot be disqualified as a legislator as he has only resigned from party posts and not as a member of the Congress.
In April, Thakor resigned as the All-India Congress Committee secretary in-charge of Bihar and other posts he held in the party. He was also a member of all key state-level party committees for Lok Sabha polls held earlier this year.
Following this, on April 25, the Congress appealed to the assembly speaker to disqualify him from the House for engaging in "anti-party" activities during the elections.
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In its petition filed last week, the Congress sought the HC's direction to assembly speaker Rajendra Trivedi to take a call on the MLA's disqualification within three days.
Thakor had opposed this, saying the Congress demand was "not only unreasonable but also amounts to interference in the proceedings which is to be adjudicated as per the procedures prescribed under the Constitution as well as Disqualification Rules".
Appearing on behalf of the speaker, Advocate General Kamal Trivedi had submitted that the court cannot compel the speaker to take a decision in three days.
Trivedi had also maintained that the question of Thakor's disqualification does not arise as he has been neither convicted by any court nor has he resigned from the primary membership of his party.
On April 25, Gujarat Congress leaders led by Kotwal had approached Trivedi, seeking Thakor's disqualification claiming he was no longer with the party.
Ahead of Lok Sabha polls, Thakor resigned on April 10 from all posts he held in the Congress, claiming he and his Thakor community were "insulted" and "betrayed" by the party.
Though Thakor had not mentioned specifically that he was resigning as a legislator or from the primary membership of the party, Kotwal maintained "resignation from all the posts" included primary membership and as an MLA.
The prominent OBC leader was elected from Radhanpur in Patan district in the 2017 assembly polls.