Disqualification plea: Guj HC directs ex-Cong MLAs' lawyers to file replies

The Gujarat High Court on Monday directed lawyers of former Congress MLAs Alpesh Thakor and Dhavalsinh Zala to file their replies through affidavits within two weeks on the petitions by the Congress seeking disqualification of the duo under the anti-defection law.

Thakor and Zala had cross-voted for BJP candidates -- External Affairs Minister S Jaishankar and Jugalji Thakor -- in the Rajya Sabha polls held in July, before resigning as legislators and joining the ruling BJP.

In his petitions filed before the high court, Congress chief whip Ashvin Kotwal sought disqualification of Zala and Thakor so that they are not able to contest by-elections and become ministers in the current (BJP) government.

A division bench of justices S R Brahmbhatt and A P Thaker on Monday directed the lawyers of Thakor and Zala to file their replies through affidavits in response to the petitions.

The bench also directed them to serve prior copies of the affidavits to the lawyer of the petitioner by August 27.

The high court also asked the advocate general, who appeared on behalf of the Gujarat Assembly speaker, to file a reply through an affidavit if they so liked on the same date. The speaker is a respondent in both the petitions.

The next hearing is posted for August 29.

The petitioner has sought the high court's direction to the speaker to decide on the disqualification of the two former MLAs within 15 days. Kotwal has also requested the speaker's "indecision" on the matter be held illegal.

Contending that the decision of the speaker to accept resignations of Thakor and Zala was bad in law, he requested the high court to set it aside.

He also requested the high court to restrain the two leaders from holding any ministry in the state government unless they get re-elected.

In July, the high court had dismissed a petition moved by the Congress seeking its direction to the speaker to take a quick decision on disqualification of Thakor.

The court had then said it did not to want to interfere in the matter as the same was pending before the speaker.

Thakor had resigned from all posts in the Congress in April. He resigned as MLA after the Rajya Sabha polls.