The Rajasthan High Court on Friday directed the Assembly Speaker to produce, before it by January 30, the original copy of the order to reject the resignations of Congress MLAs.
A division bench of the court comprising Chief Justice Pankaj Kumar Mithal and Justice Shubha Mehta issued an interim order regarding the original letter of resignation of 81 MLAs and the process adopted for withdrawal of the resignations and cancellation of the letters by the Speaker.
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“The process adopted and the original copy of the order passed for rejecting the resignation were directed to be presented in the Court by January 30, 2023 for the next appearance and to submit the reply to petitioner and deputy leader of BJP Rajendra Rathore’s prayer letter and also asked to tell that the Speaker Can the decision to be taken by him be kept pending indefinitely and what should be the time period in the context of the present case?”, said Rathore quoting the court order.
In the application submitted before the court on Friday, the petitioner said that earlier 91 MLAs were asked to resign, but now 81 MLAs have been asked to resign. Due to which, the affidavit submitted by the secretary becomes doubtful. Which MLAs gave their resignation letters, when and what comments were made by the Speaker on the resignation letters, and if any action was taken in relation to the resignation letters given by 91 MLAs, 110 days ago, under the direction of the Speaker. If an inquiry was conducted, what was the result of it and the order passed by the Speaker, canceling the resignations, should also be brought on the record of the court. It has also been said in the application that until the resignations were not accepted, the MLAs had no right to get salary, allowances and other facilities during that period, so this amount should be stopped from giving to the resignation bills.
Advocate General, M S Singhvi appeared on behalf of the Speaker and Secretary argued in the case. In the previous hearing on January 16, 2023, the Assembly replied before the High Court that resignations of ruling Congress MLAs were withdrawn individually before the acceptance, now the resignations became ‘non-est in the eye of law’.
It is notable that Congress Chief Whip and PHED Minister 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 3 hours of political drama at Dhariwal’s residence in September month when 2 Congress observers Ajay Makan and Mallikarjun Kharge had come to hold CLP meeting.