On dilly dallying tactics of Rajasthan Assembly Speaker Dr C P Joshi in taking a decision on the 91 Congress MLAs’ en masse resignation on September 25, Deputy Leader of Opposition (BJP) R S Rathore, on Thursday, filed a Public Interest Litigation (PIL) in the Rajasthan High Court seeking judicial intervention in the matter.
Speaking to the media outside the court, Rathore confirmed that he filed the PIL against the Speaker and Secretary of the Assembly and demanded judicial intervention in the issue of en masse resignation of 91 Congress MLAs due to the infighting and political crisis in the Congress party on September 25.
“Though I have consulted legal experts and prepared the PIL, I will plead the case myself,” Rathore said, and alleged that despite the resignation of the MLAs (many of them ministers) the cabinet meeting is being held quite often, and the important decisions have been taken by the Ashok Gehlot Government since September.
On October 18, the BJP MLAs submitted a letter to the Speaker Dr Joshi demanding immediate action and acceptance of the resignations of Congress MLAs who boycotted their CLP meeting and protested against the Congress high command’s one-line resolution. “But as a matter of fact, the Speaker has not taken any action on this matter”, Rathore lamented.
In the letter written to the Speaker, the BJP demanded that the Speaker shall take a decision on their legitimate membership of legislator (s) in the House. In exercise of the powers conferred under the provisions of Article 190 (3) (b) of the Constitution, a MLA has resigned from the membership of the Legislative Assembly.
Quoting other sections and provisions like 208, 173 (1 & 2) of the Constitution, the Speaker shall accept these resignations with immediate effect, their demand letter underlined.
It is notable here that Chief Whip of the ruling Congress and PHED Minister Dr Mahesh Joshi, Deputy Whip Mahendra Choudhary, CM’s advisor Sanyam Lodha, Parliamentary Affairs and UDH Minister Shanti Dhariwal had handed over the resignations of 92 MLAs to the Speaker after three hours of political drama at Dhariwal’s residence in September month when two Congress observers Ajay Makan and Mallikarjun Kharge had come to hold CLP meeting.