Rajasthan BJP sniffs an opportunity: ‘Cong MLAs’ resignation proper, may go to court’

“If we have to knock the door of the court, we will sit and decide together as a party,” Kataria told The Indian Express. “As per the rules of the Rajasthan Assembly, an MLA expressing desire to resign before the Speaker is sufficient enough,” he said.

Annoyed over Congress high command’s ‘unilateral’ decision to opt for a new chief minister without consulting them, around 90 MLAs had skipped the Congress Legislature Party (CLP) meet and submitted their resignation to Rajasthan Assembly Speaker C P Joshi late on September 25. However, the resignations have been pending with Joshi since then.

“If someone expresses a desire to resign before the Speaker, then his/her resignation is accepted. If the resignation letter had some conditions, then there could have been a reason for doubt. But their resignation letters are straight that they want to resign. Then certainly the resignation letters are worthy of being accepted,” Kataria said.

As per Rules of Procedure of Rajasthan Assembly, rule 173 (2) states that “if a member hands over the letter of resignation to the Speaker personally and informs him that the resignation is voluntary and genuine and Speaker has no information or knowledge to the contrary, the Speaker may accept the resignation immediately”.

Rule 173 (3) says that if the resignation is sent by post or through someone else, “the Speaker may make such enquiry as he thinks fit to satisfy himself that the resignation is voluntary and genuine”. And 173 (4) states that “a member may withdraw his letter of resignation at any time before it is accepted by the Speaker”. Speaker C P Joshi did not respond to calls by The Indian Express.

“I think that the correct alternative in today’s situation is going into elections. That would be doing justice with the people. Because of the manner in which four years were wasted due to their internal controversies and Covid, it is the people of Rajasthan who have suffered,” he said.

“Even now, if the government continues then people’s work won’t be done and officials won’t be in that mindset of working. So, it is the public that suffers,” Kataria said.

The former Rajasthan Home Minister also said that the BJP is prepared for any turn of events. “The BJP is a worker-based party. The manner in which Amit Shah ji (when he was party president) strengthened the party down to grassroots, the organisation is strong at all levels. So, the BJP is ready,” he added.