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Rajasthan HC grants Rajasthan Assembly Speaker 10 days to clarify position on resignation by 91 Congress MLAs

Rajasthan HC grants Rajasthan Assembly Speaker 10 days to clarify position on resignation by 91 Congress MLAs

On January 2, the Rajasthan High Court's division bench granted the Rajasthan Assembly Speaker, CP Joshi, 10 days to clarify his position/decision on the resignation submitted by 91 Congress MLAs before him in September 2022. The bench, led by Chief Justice Pankaj Mithal and Justice Shubha Mehta, directed the Advocate General to seek instructions from the speaker and state his position in court. The case will be heard again on January 16.

During the hearing, the Advocate General (appearing on Joshi's behalf) stated that the MLAs had withdrawn their resignations and that there was no need to issue an order on those resignations. Objecting to this, petitioner-in-person Rathore contended that resignations, once submitted, could not be withdrawn and that the Speaker was obligated to make his decision.
It was also argued that the Attorney General could not represent the Speaker because the AG represents the government; however, the position of Speaker is independent of the government.

According to the PIL petition, because the MLAs submitted their resignations in accordance with Rule 173 of the Rules of Procedure of the Rajasthan Assembly, it is incumbent upon the speaker to accept the resignations. The Plea requests that the Speaker issue a decision on the resignations within seven working days. Furthermore, the assembly secretary has been directed to produce the resignation documents and reveal the identities of the MLAs who submitted their resignations.

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