Raj HC to decide if Cong MLAs who quit on a whim can just take back their resignations

Jaipur, Jan 1 Can the elected MLAs of a ruling government resign on their own wish and will, submit their resignations to the Assembly speaker and then take back the same on their own wish and will after around 90 days?

This seems to have become the burning question in the Rajasthan politics as around 91 MLAs, who resigned in protest against a CLP meeting called by Congress high command on September 25, have been asked to take their resignations back in wake of the Assembly session which is to start from January 23.

As 91 MLAs had resigned, the opposition BJP is making a big issue and alleging that the ruling government has lost its majority. Meanwhile, the case has been listed for hearing in the Rajasthan High Court on January 2.

Eventually, the high command has asked the MLAs to take their resignations back to save themselves from undue embarrassment in the assembly. On Saturday, while some MLAs had reportedly mailed their letters taking their resignations back, there were others who had personally requested to withdraw their resignations.

Meanwhile, Deputy Leader of Opposition Rajendra Rathore said that there is "no provision in the law for withdrawal of resignations". The Speaker should not allow the MLAs who resigned to continue as legislators, he added.

He also said that the state is being run by "an illegal government which fails to enjoy the confidence of the House".

The BJP state President, Dr Satish Poonia, speaking about the unfolding drama, said, "The collective withdrawal of the resignations pending before the Speaker by the Congress MLAs even before the decision is taken by the Speaker is an encroachment on the powers of the Speaker, which is unacceptable under any circumstances."

Taking to Twitter, he said: "The way the resignations of people's representatives took place during the Congress regime for personal gains, is against the Indian democratic system. Resigning and withdrawing resignation exposes the political character of Congress MLAs."

Rathore, meanwhile, said, "On September 25, 2022, 91 MLAs presented themselves to the Speaker and handed over their resignation letters with their signatures. If the MLA decided to resign from their seats and presented and handed over their resignation letters to the Speaker, then there was no need to investigate it."

He pointed out: "It is neither possible that resignations have been forcibly taken from the 91 MLAs, nor is it possible that signatures of 91 MLAs have been forged. According to the Assembly Procedure Rule 173, they were required to be accepted with immediate effect."

Rathore added: "For the last 90 days, a government existed in Rajasthan that clearly did not have the confidence of the House. There is no provision in the law to withdraw the resignation given with immediate effect, nor has any procedure been given regarding the withdrawal of the resignation.

Anyway, the Speaker could not legally compel the MLA, who has resigned to continue on the post of MLA. It should be the morality of the resigning MLA not to wait for his acceptance after resigning. During this, all these MLAs have taken full advantage of the government facilities.

The names of these 91 MLAs should be disclosed in front of the public so that the public also gets to know how far the members sent by them to the House can play with their trust and public sentiment.

"But due to the notice issued by the Honourable High Court, the real face of those who consider the democratic process as a tool to remain in power, has come to the fore. As per my PIL, I would demand from the Honourable High Court that all the persons who played a role in this systematic betrayal of constitutional institutions and processes should be identified and they should also be harassed on behalf of the court," said Rathore.

All eyes, meanwhile, are on January 2 to see if the MLAs can simply get away with withdrawing their resignations, or face the consequences of their whimsical action.

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