Protesting the union cabinet's decision to bifurcate Andhra Pradesh and create a separate Telangana state, Rajagopal, who represents Vijayawada constituency, submitted his resignation letter on Aug 2.
Justice V.K. will hear the plea on Oct 22 and asked Additional Solicitor General Rajeeve Mehra to assist the court as the matter involves a question of law.
The court said: "Whether the court can interfere into such matter has to be examined."
Rajagopal had submitted his resignation on August 2
Appearing for Rajagopal, senior advocate Jayant Bhushan told the court that there is no provision in the constitution that can compel a a parliament member to continue even after his resignation. He said: "If Rajagopal resigns, the speaker is bound to accept it. The speaker does not have to go into the reasons for the resignation."
However, the court said it is the prerogative of the Lok Sabha Speaker whether or not to accept a member's resignation.
Rajagopal in his petition said he tendered the resignation from the lower house voluntarily and out of free will and this was informed to the speaker.