The Delhi High Court Wednesday dismissed pleas of MLAs Anil Bajpai and Col Devender Sehrawat, seeking recusal of the Legislative Assembly speaker Ram Niwas Goel from hearing the disqualification proceedings against them.
The duo had pleaded before the Delhi High Court, challenging the single judge’s order which dismissed their pleas. The single judge, in its July 8 order, had said there was “no infirmity” in the procedure adopted by the Speaker and rejected the MLAs’ allegation of bias as also the contention that he should have first decided their application for recusal before going ahead with disqualification proceedings.
AAP MLA Saurabh Bharadwaj on June 10 filed a petition seeking their disqualification under the anti-defection law for allegedly joining the BJP. However, the duo alleges that due to the close proximity of the Delhi Assembly Speaker Ram Niwas Goel, with the Aam Aadmi Party the proceedings for disqualification may not happen in good faith. The council for the duo, alleged that the speaker, had earlier joined protests organised by AAP and was seen in rallies held for AAP leaders during the Lok Sabha Elections.
Both the MLA’s in their petition pleaded the court to give directions to the speaker of the Delhi Legislative Assembly to restrain himself from making a decision on their disqualification application.
However, a bench of Chief Justice DN Patel and Justice C. Hari Shankar while dismissing the plea said “It is with the speaker to decide the disqualification application. We restrain ourselves from deducing a mathematical formula by which a speaker of the house should decide issues. He/She is capable enough to make decisions in accordance to the law”.
-India Legal Bureau