NEW DELHI: In an unprecedented development which may lead to his disqualification, independent MLA Jignesh Mevani was appointed working president of Gujarat Congress Pradesh Committee (GPCC) on Tuesday.
A press statement issued by All India Congress Committee (AICC) under the signature of party general secretary in-charge of organisation KC Venugopal said, “Congress president has approved the proposal of the appointment of working presidents of Gujarat Pradesh Congress Committee, as follows, with immediate effect.”
The statement named seven working presidents -- MLAs Lalit Kagathara, Jignesh Mevani, Rutvik Makwana, Ambarish J Der, Himmatsinh Patel, Kadir Pirzada and Indravijaysinh Gohil.
Mevani, in a tweet, thanked the Congress leaders. "I would like to thank Congress president Sonia Gandhi ji, Rahul Gandhi ji, K C Venugopal ji and Jagdish Thakor ji for entrusting me (with) the responsibility as working president of INC Gujarat. I will leave no stone unturned to promote and protect the interest of (the) Congress party," he said.
Mevani's name stands out among the seven newly-appointed working presidents because he is officially an independent MLA. By being appointed to the post, he becomes liable to get disqualified as an MLA as per the anti-defection law under the Tenth Schedule of the Constitution.
The Tenth Schedule says, “An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.”
An independent lawmaker or a lawmaker of any other party appointed as a functionary of another party is liable to be disqualified.
Talking to TOI, constitutional expert PDT Achary said Mevani’s appointment as Gujarat Congress working president was a “curious case”.
Achary, a former secretary general of Lok Sabha, said, “He (Mevani) is liable to be disqualified as an MLA because under the anti-defection law, he is an independent MLA and was elected as such. If he joins any party, he is liable to be disqualified. Or, he should resign as an MLA before joining any party.”
He said somebody has to file a petition to the assembly Speaker who can disqualify the MLA. “Mevani should have joined the Congress first before accepting a party post. If he has joined, then he is liable to get disqualified. Otherwise, he had to resign as an MLA first. It is a curious case,” Achary added.
Mevani had won the 2017 Gujarat assembly election from Vadgam constituency as an independent candidate. However, he later openly started taking part in Congress programmes and activities. He would also address the media from the Congress headquarters in Ahmedabad and Delhi.
But Mevani neither officially joined the Congress nor accepted any party post lest he attract the provisions of the Tenth Schedule and get disqualified. All efforts to contact him to confirm whether he has resigned from the Gujarat assembly were futile.
Gujarat goes to election later this year in November-December.
Gujarat BJP vice-president Gordhan Zadafia, while talking to TOI, said Mevani would attract the anti-defection law. “His case will be discussed in the party forum. We will decide whether to complain against him to the Speaker,” he said.
Gujarat assembly Speaker Nimaben Acharya said, “I do not have any information about Jignesh Mevani resigning as an MLA or joining the Congress.”
Gujarat Congress president Jagdish Thakor, while talking to TOI, admitted that there were some “technical issues” involved in appointing Mevani as a party functionary without him not resigning as an MLA. “However, everybody knows that Mevani has been taking part in Congress’s programmes,” he added.
Congress Legislature Party (CLP) leader in Gujarat assembly Sukhram Rathwa said he was not aware whether he had resigned as an independent MLA or he had joined the party. “As it is, his term as an MLA expires in two-three months. His appointment may have been made in a hurry,” he said.
