The division bench of the Delhi High Court, comprising Justice Y K Sabbarwal and Justice D K Jain, fixed November 18 for a day-to-day hearing.
Ninety-two MLAs of the suspended Gujarat assembly gave an affidavit to the Court affirming contents of the petition and confirming the support they claimed to have given to Suresh Mehta's ministry on the floor of the House on September 18. They also maintained they would continue to be members of the BJP.
Former Attorney General Soli Sorabjee, and senior lawyers Arun Jaitely and Bhaskar P Tanna represented the petitioners.
The decision to go to the High Court instead of the Supreme Court was taken at a late night meeting on Thursday. Legal experts contended that in this way the petitioners would have the right to appeal in the apex court in case of an adverse judgement.
The petitioners have prayed that the President's proclamation dismissing the Suresh Mehta government be declared ultra-vires and without the authority of law. The petition seeks issuance of a writ, order or direction under Article 226 to rescind the said presidential proclamation and revival of the Assembly.
Party general secretary M Venkaiah Naidu said the fact that 92 MLAs have filed an affidavit in the court affirming their support to the BJP demonstrated that the opposition parties in Gujarat were spreading disinformation on the support the BJP enjoyed in the Assembly.
