Radhanpur MLA Alpesh Thakor on Thursday submitted to the Gujarat High Court that he has not resigned from the primary membership of Congress and therefore, there is no question of his disqualification from the state legislative assembly. In an affidavit submitted to the court, Alpesh has pointed out that the Congress has also failed to produce any document that suggest that he has resigned from the primary membership of the party and his resignation has been accepted.

The affidavit was filed in response to a notice issued to him by the high court's division bench of Justice SR Brahmbhatt and Justice AP Thaker in connection with a petition filed by Congress chief whip in the state assembly Ashwin Kotwal. Kotwal has moved to court challenging the delay in disqualification of Thakor from state assembly, despite Congress having moved an application on April 25.

Thakor has also questioned the maintainability of the Congress's petition on the ground that Article 212 of the Constitution provides that courts cannot inquire into proceedings of the legislature, a ground which has been also adopted by the assembly secretary DM Patel.

In the affidavit filed by Patel, it has been pointed out that "…the disqualification of a member of the house shall be deemed to be proceedings in the legislature of a state within the meaning of Article 212 of the Constitution."

Counsel for Kotwal, Hriday Buch, argued that the court should direct the speaker to decide on the disqualification application moved by Congress within three days. Advocate general Kamal Trivedi argued that the court cannot impose timelines on the speaker. The hearing in the case will continue on Friday.

Lowdown

Assembly secretary DM Patel argued that sufficient opportunity needs to be given to Alpesh Thakor before any disqualification is declared