He said, either the speaker accepts the resignation or spells out the reasons for not accepting it.
The petition prayed for directing the assembly secretary to produce the documents relating to the resignation in the court and also disclosing the identity of the resigned MLAs. Rathore said he will argue on the petition personaly but it was prepared by lawyer Hemant Natha.
The petition against the speaker and assembly secretary said due to an internal squabble in the state Congress, 91 MLAs of the ruling party tendered their resignations to the speaker voluntarily on September 25. There is no evidence to prove that the MLAs were forcefully signed on their resignation letters or that some criminals manipulated their resignations.
The MLAs had personally present while handing over the resignations to the speaker. Under rule 173, Article 190(3) (b)it is incumbent upon the speaker to accept the resignations, the petition said.
According to the petitioner, an MLA is a conscious, informed person and when 91 members collectively decide to resign, it cannot be assumed that their intellect has failed collectively.
But even after two months, the resignations were not accepted and ministers and MLAs were still staying in their constitutional posts and enjoying the power and perks for which they have no rights.
The petitioner claimed that the resignations have come into effect immediately as under article 190 once a resignation is given, no process of withdrawal of it is prescribed. In such a situation the present government had lost its majority in the house and MLAs and ministers have no right to be in office.
The petition pointed out that despite their resignations, the MLAs are sanctioning MLA local area development fund and the ministers are attending meetings and taking decisions involving policy matters.
Rathore said the opposition met the speaker many times and apprised him of supreme court rulings supporting their arguments, but the speaker had not acted impartially. He said the speaker is playing a partisan role and it is a ploy to keep chief minister Ashok Gehlot in office.