The question of disqualification would arise only if he had quit the party itself, Alpesh Thakor argued.

Maverick legislator Alpesh Thakor, who had quit the Congress in the run up to the Lok Sabha elections in April, has now turned around and claimed he had only resigned from all posts but not from the party, after a writ petition by the Opposition in the Gujarat High Court seeking his disqualification as an MLA, a post he chose not to quit.

Thakor on Thursday evening submitted an affidavit in the High Court contending that he could not be disqualified as a lawmaker since he never resigned as a party member while relinquishing all party posts, including as Congress secretary in-charge of Bihar, on April 10.

The question of disqualification would arise only if he had quit the party itself, Thakor contended.

He added that he had sent his resignation letter on a WhatsApp message and asked the Congress to produce a physical copy of his letter dated April 10.

Thakor also said he sent the resignation letter to the party leaders through WhatsApp, which is not a "legal mode of communication". He even challenged the party to produce a physical copy of the resignation letter dated April 10.

A division bench of Justice SR Brahmbhatt and Justice AP Thaker was hearing a petition by the Congress seeking a directive to Assembly Speaker Rajendra Trivedi to disqualify Thakor as an MLA since he had quit the party. The Congress approached the high court on Monday after the Speaker remained unmoved on its representation earlier to disqualify the legislator.

The opposition party also sought the high court's directive to Speaker Trivedi to make a decision in three days before the start of the new session of the State Assembly next week.

Advocate General Kamal Trivedi, appearing for the Speaker, also concurred with Thakor that the court could not compel him to take a decision in this way.

He contended that the question of Thakor's disqualification did not arise as he is neither convicted by any court nor has he resigned from the primary membership of his party, he said.