Congress MLAs' Mass Resignation: Rajasthan High Court Asks Speaker CP Joshi To Clear His Stand/Decision In 10 Days

The Rajasthan High Court today granted 10 days’ time to the Rajasthan assembly Speaker, CP Joshi to clear his stand/decision on the resignation submitted by 91 congress MLAs before him in September 2022. The bench of Chief Justice Pankaj Mithal and Justice Shubha Mehta asked the Advocate General to obtain instructions from the speaker and make his stand clear in the court. The matter would be heard next on January 16. Essentially, the High Court is presently dealing with a petition filed by the deputy leader of the opposition in the Rajasthan Legislative Assembly and BJP MLA Rajendra Rathore pertaining to the Speaker's inaction in taking a decision on the Congress MLAs’ resignations. During the course of the hearing today, the Advocate General (appearing for Joshi) submitted that the MLAs have withdrawn their resignations and as such, there was no necessity to pass an order on those resignations. Objecting to this, the petitioner-in-person Rathore submitted that the resignations once submitted can’t be withdrawn and that the Speaker was dutybound to pronounce his decision. It was also submitted that the Advocate General can’t represent the Speaker as the AG represents the Government, however, the post of the speaker is independent of the government. In these circumstances, seeking the reply of the Speaker, the High Court posted the matter for hearing on January 16. It may be noted that Rathore has moved the Court last month alleging that the Assembly Speaker (Joshi) has been sitting over the resignations of congress MLAs since September 2022 and has failed to arrive at any decision. The PIL plea states that since the MLAs had submitted their resignations as per Rule 173 of the Rules of Procedure of the Rajasthan Assembly, therefore, it is incumbent upon the speaker to accept the resignations. The Plea seeks a direction to the Speaker to take a decision on the resignations within seven working days. Further, a direction has also been sought from the assembly secretary to produce the documents relating to the resignation and to disclose the identity of the MLAs who had submitted their resignations. It may be noted that in September last year, around 90 Congress MLAs, loyal to CM Ashok Gehlot, submitted their resignation to the State Assembly Speaker expressing their resentment over Congress High Command's decision to convene a Congress Legislature Party (CLP) meet to choose a new CM (in place of the current CM Ashok Gehlot). However, as per the media reports, the MLAs who submitted their resignations en masse in September have started withdrawing their resignations on December 31.It may be noted that As per Article 190 (3) of the Constitution of India, an MLA can resign from his seat by writing to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman.The provision further provides that if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker/Chairman is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

Congress MLAs' Mass Resignation: Rajasthan High Court Asks Speaker CP Joshi To Clear His Stand/Decision In 10 Days

Sparsh Upadhyay

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