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Can’t be disqualified as I am not an MLA: Alpesh Thakor

Thakor has pointed out that the Congress is wrongly trying to invoke the anti-defection rules against him as enshrined under the Tenth Schedule of the Constitution for disqualification of a “member of the house”

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Congress turncoat Alpesh Thakor has questioned the maintainability of the petition filed by Congress chief whip in the legislative assembly Ashwin Kotwal seeking his disqualification under the anti-defection rules.

Thakor has pointed out that the Congress is wrongly trying to invoke the anti-defection rules against him as enshrined under the Tenth Schedule of the Constitution for disqualification of a “member of the house”. 

He has submitted that he resigned from the Assembly before initiation of the disqualification proceedings and therefore, the provisions of the Tenth Schedule are not applicable to him.

The former Radhanpur MLA has also contended that he had resigned on July 5 as per provisions of law and the same has been accepted by the speaker. Therefore, there are no powers under the law that can bring back the situation prevalent before the resignation was accepted.

Thakor has also refuted the arguments of Kotwal that he had abandoned the membership of the Congress party on April 10. In the affidavit, Thakor has said, he had not resigned from the primary membership of the party in April but had only resigned from the various positions held by him in Congress.

On the contention raised by Congress that it had moved a disqualification application against Thakor and another Congress turncoat Dhavalsinh Zala on the day of the Rajya Sabha election on July 5, the former Radhanpur MLA has said he had tendered his resignation before the speaker before the Congress could move the disqualification application.

Thakor has also contended in his affidavit that Kotwal is abusing the process of law and misusing court machinery to seek redressal of his ‘non-existent grievances’, especially when his resignation has been accepted by the speaker; he is no longer a member of the Assembly.

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.

Thereafter, Thakor allegedly again incurred disqualification by voting contrary to the mandate of the Congress party during the recently held Rajya Sabha elections. 

A separate disqualification petition was preferred by the party, instead of adjudicating on the same, the speaker accepted the resignations tendered by both Thakor and Zala. 

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