Petition in the High Court on the resignation of MLAs of Gehlot camp

Deputy Leader of Opposition in the Rajasthan Legislative Assembly and senior BJP leader Rajendra Rathod have filed a petition in the Rajasthan High Court regarding the resignations of Congress MLAs pending with the Rajasthan Assembly Speaker. This Public Interest Litigation (PIL) has been filed against the Assembly Speaker and Secretary. Rathore said – The present government has lost the confidence of the House due to the mass resignation letter of 91 MLAs. But despite this, policy decisions are being taken by holding cabinet meetings. Therefore, by not accepting the resignation, a situation of gross constitutional failure is arising daily. Judicial intervention is necessary to stop this.
I have filed a Public Interest Litigation (PIL) against the Assembly Speaker and Secretary in the High Court Jaipur Bench. So that the situation can be clarified on the constitutional crisis existing in the state since 25th September.
Deputy Leader of Opposition Rajendra Rathore issued a statement saying that due to the infighting and political crisis in the Congress, on September 25, 2022, 91 MLAs supporting the Congress government in the state challenged the Congress high command and decided to voluntarily resign from their respective seats. Handed over personally to the Speaker of the Legislative Assembly. But today even after 2 months the resignations have not been accepted. The ministers and MLAs who have resigned are still sitting in constitutional posts. On which they have no right left to remain.
Rathore said that it is the right of the MLA to voluntarily resign from the seat. The Speaker did not have any information about 91 MLAs being forced to sign or any criminal forging signatures on their resignation letters. Therefore, it is binding on the Speaker under Rule 173 of the Legislative Assembly Procedure to accept the resignation presented to the Speaker without delay by appearing personally under his signature. MLA is a conscious, educated person and when 91 members have collectively decided to resign, it cannot be said that the wisdom of 91 members has collectively failed.
Rathore said that several letters were written to the Speaker of the Legislative Assembly by the BJP Legislature Party and later by me regarding the decision to take immediate effect on the resignations. But even after that, under the guise of threatening to accept the resignations for not accepting the resignations, this plan is being executed to force Ashok Gehlot to continue as the Chief Minister in the Congress government. The office and process of the Speaker are not expected to be misused for political purposes. On the one hand, the orders were given by the High Court on August 24, 2020, to dispose of the defection petition against 6 BSP members in 3 months, are not being respected. On the other hand, voluntary resignations have also not been accepted for 65 days. While the Speaker of the Legislative Assembly himself gave me a verbal assurance on 18th October to settle this matter soon.
Rathore said that pending the decision on resignations, the cabinet members are still signing the transfer lists by running the transfer industry. Participating in departmental meetings and not returning the facilities as bungalow, car, staff and security personnel received as a minister. When the members of the cabinet have also submitted their resignation letters, then under what provisions is he sitting as a minister?
Rathore said that the current political situation in Rajasthan is pointing toward President's rule or mid-term elections. Government-backed 91 resignations of the Speaker of the Legislative Assembly have been demanded from the court to accept the resignations of the brave ministers and MLAs without delay.