Congress lodged a complaint with Gujarat Assembly Speaker Rajendra Trivedi for disqualification of Congress MLAs Alpesh Thakor and Dhavalsinh Zala even as they announced to quit the Assembly after cross-voting in the Rajya Sabha elections on Friday.
Speaking to media here, Opposition leader Paresh Dhan said that he had written to the Assembly Speaker requesting the MLAs disqualification for defying the party line and voting for BJP candidates External Affairs Minister S Jaishankar and Jugal Ji Thakor in the Rajya Sabha elections.
"The results are expected as we were less in number. Two MLAs of Congress - Alpesh Thakor and Zala voted in favour of BJP. They have defied the constitutional process. We approached the election officer during the voting. We have also lodged a complaint with the Speaker of the Assembly," he told reporters here.
He further said: "In coming days, we will fight to get them disqualified from the Assembly. We will fight legal battle to uphold the dignity of votes of elected representatives."
The Congress leader's statement comes at the heels of BJP claiming its victory on both of the seats that fell vacant after Union Ministers Amit Shah and Smriti Ir's election to Lok Sabha in recent polls.
Congress leader Jaysinh Parmar also said that the two leaders resigned to escape the anti-defection law and maintain that it applies on them as they after casting their votes.
He said: "Representation of People's Act says MLAs should vote for their parties. Today, our MLAs Dhavalsinh Zala and Alpesh Thakor voted to the BJP candidates. After which our observer Shailesh Parmar raised objection on this and instantly demanded to cancel their votes and invoke anti-defection law."
"Schedule 10 of the Constitution clearly says that legislators would be disqualified if they are not loyal to the party. We have filed a written complaint with the Election Commission. We hope that these two votes will be annulled," he added.
Elections Commission (EC), however, has yet to officially declare the results.
Rajya Sabha elections in the state saw a dramatic turn of events with Congress shifting its MLAs to a resort before the polling on Thursday.
Earlier in the day, party rebel Alpesh Thakor and his aide Dhavalsinh Zala announced to resign from the Assembly after casting their votes, as per party's observer in the polls, to the ruling BJP.
( With inputs from ANI )