With the arguments in the case filed by Congress chief whip in the state assembly Ashwin Kotwal seeking disqualification of Radhanpur MLA Alpesh Thakor finally coming to an end, the Gujarat High Court is likely to start dictation of judgment in the case on Tuesday. The division bench of Justice SR Brahmbhatt and Justice AP Thaker is going to deliver the verdict in the case.
Counsel for Kotwal, Hriday Buch, on Monday argued before the court that Alpesh has been involved in anti-party activities after tendering his resignation and therefore, he should be disqualified. Buch clarified that Alpesh worked against the candidates set up by Congress in Banaskantha in the Lok Sabha election and in assembly by-polls for Unjha constituency.
Buch also argued that if the speaker is not conforming to the intent of Schedule X (Anti-Defection Law) of the Constitution, then he is amenable to judicial review. He also argued that the government is trying to shield Alpesh for one or the other reason. He also submitted that the moment the speaker comes to know about a disqualification act of an MLA, cognisance has to be immediately taken by the speaker to meet the true spirit of Schedule X of the Constitution. He submitted that the speaker is not taking cognisance of the disqualification application field by Kotwal, which is pending for a long time.
Counsel for Alpesh, Jal Unwala, on Monday adopted the arguments put forth by advocate general Kamal Trivedi. He contended that Congress has failed to produce his resignation, or any other document which reflects that the resignation was accepted. He also argued that Alpesh has not resigned from the party and therefore, there is no question of his disqualification. Unwala also argued that the court cannot direct the speaker to decide the application for his disqualification within three days, as sought by Congress.
Meanwhile, the court too raised several pertinent questions related to the case. The division bench remarked that if Alpesh is restrained from functioning as an MLA, he might move court questioning how he can be restrained when he is not disqualified. The court also asked Buch to show under which rule, the court can intervene and set a timeline for the speaker to decide the disqualification application moved by Congress.
Notably, the Congress has requested the court to direct the speaker to decide the application filed by it on April 25 for Thakor's disqualification at the earliest. It has also requested the court to restrain Thakor from acting as an MLA of Radhanpur constituency till the matter is pending before the court.
Rajya Sabha polls
The Gujarat Congress will issue a whip, asking all its sitting MLAs to remain present for the July 5 Rajya Sabha bypolls and vote for the two party candidates in the fray. Though the party is at loggerheads with its disgruntled MLA Alpesh Thakor he, too, will be issued the whip.
