Alpesh Thakor can vote in Rajya Sabha elections

The Gujarat High Court has dismissed a petition by Congress chief whip in assembly Ashwin Kotwal seeking the court's direction to Speaker Rajendra Trivedi to decide the application for disqualification of Radhanpur MLA Alpesh Thakor within three days.

A division bench of Justice SR Brahmbhatt and Justice AP Thaker said the petition was "devoid of merit" and that legislative procedures are not open for judicial review. Thakor can now cast his vote in the upcoming Rajya Sabha elections in the state on July 5.

Thakor, through his counsel Jal Unwala, had contended that he had only resigned from his positions in the Congress on April 10 and has not given up his primary membership of the party. He had argued that the Congress failed to produce any document showing that his resignation was accepted. The OBC leader had also submitted that since he had not resigned, there was no question of his disqualification from the assembly.

Advocate General Kamal Trivedi, who appeared for the Speaker, argued that legislative procedures are not open for judicial review and the court cannot fix any timeline for the speaker to decide the disqualification application moved by Congress on April 25.

The Congress had alleged that the disqualification application was pending adjudication by the Speaker since April 25 and two months have already passed. It was also alleged that such inaction will only help Thakor to continue his membership as he has aligned with the ruling BJP.