The High Court of Delhi on Thursday agreed to hear a petition filed by BJP MLA Vijender Gupta challenging the motion passed by the Delhi Legislative Assembly, suspending him from attending the sittings of the House for one year till the next Budget Session.
Senior Advocate Jayant Mehta mentioned the matter before the Division Bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta, which permitted urgent listing of the same for tomorrow.
Mehta challenged the disqualification on the grounds that it was in teeth of the Supreme Court judgment as well as the Rules of the House. He said under Article 194, there was an indefensible right to participate in the proceedings.
Filed by Advocates Pavan Narang, Neeraj and Satya Ranjan Swain, the petition sought direction to revoke Gupta’s suspension with immediate effect and permission to attend the Assembly, as well as exercise his rights and privileges in the capacity as MLA.
Terming the order passed by the Speaker of Delhi Assembly as unjust, unfair and unreasonable, the plea contended that the order was non est and violated the Rules of Procedure & Conduct of Business, Legislative Assembly of National Capital Territory of Delhi, it added.
The impugned action of the Speaker in permitting a ruling party MLA to move and proceed with the Motion to seek suspension of the petitioner from the House for a period of one year did not come within the definition of irregular proceedings, but in fact, was a classic case of being categorised as ‘gross illegal’ and ‘unconstitutional,’ noted the petition.
It was also in contravention/violation of fundamental rights of the petitioner under Articles 14 and 19 of the Constitution, it added.
(Case title: Vijender Gupta vs Legislative Assembly of the National Capital Territory of Delhi through Secretary & Anr)