Gujarat High Court disposes petitions against Alpesh Thakor and Dhavalsinh Zala

Source: dnaindia.com

The Gujarat High Court on Monday directed Speaker Rajendra Trivedi to expeditiously decide on the disqualification application moved by Congress against turncoats Alpesh Thakor and Dhavalsinh Zala, preferably within November 2.

The direction came from the division bench of Justice SR Brahmbhatt and Justice VP Patel in connection with petitions filed by Congress chief whip in Assembly Ashwin Kotwal seeking direction to the Speaker to disqualify the duo and ensure that they do not participate in the present house in any manner.

Notably, the duo had already resigned from the house on July 5 after voting in favour of BJP’s Rajya Sabha candidates, which was accepted by the Speaker. Later, they joined BJP and are now going to contest the bypolls as the saffron party’s candidates. Interestingly, the Congress had also moved a disqualification application against the duo on July 5 by invoking provisions of the anti-defection rules, which is yet to be decided by the Speaker.

During the hearing on Monday, advocate general Kamal Trivedi reiterated his stand that he had already made a statement in the court on July 2 that the Speaker is aware of the disqualification application and the same shall be decided within four months. He added that as per his statement, the deadline for adjudication of the disqualification application is November 2.

With the court relying upon the advocate general’s statement, counsel for Kotwal, PS Champaneri, withdrew the matter. Notably, the Congress had moved two disqualification applications against the duo on April 25 and on July 5. Kotwal had moved court twice citing that the speaker is not adjudicating the disqualification applications.

The first petition was disposed of on July 2 based on advocate general’s statement and this time too, it was disposed on the same ground.

According to the petitioner, Thakor had voluntarily given up the membership of the Congress party for which the party filed an application seeking his disqualification under the provisions for anti-defection as mentioned in the tenth schedule of the Constitution. The same was allegedly not adjudicated by the speaker.