After Delhi LG Accepts Apology Of Suspended BJP MLAs, High Court Asks Them To Meet Speaker

The Delhi High Court on Wednesday asked the seven suspended Bhartiya Janta Party (BJP) MLAs to meet the Speaker of the Delhi Legislative Assembly.

Justice Subramonium Prasad was dealing with the pleas filed by the MLAs challenging their suspension from the remainder of the Budget session of the Delhi Assembly, for allegedly interrupting the Lieutenant Governor's (LG) address.

The suspended members are Mohan Singh Bisht, Ajay Mahawar, OP Sharma, Abhay Verma, Anil Vajpayi, Jitender Mahajan, and Vijender Gupta.

The counsel appearing for the MLAs told the Court that they wrote a letter of apology to LG Vinai Kumar Saxena which was accepted by him.

He further told Court that the MLAs also sent the copy of the letter to the Speaker via email.

The court then asked the MLAs to meet the Speaker to which MLAs counsel responded, “As legislators, I don't think we should have any difficulty in meeting the speaker. However, what we are concerned and aggrieved about is our continued suspension.”

He added, “Although the court was told that it wasn't political, we felt otherwise. We wrote a letter to the LG. The LG accepted it. However, there are two developments. Political comments are being made… Political messages are floating…”

He further said that in terms of the Rules of the House, the highest punishment that can be given to the MLAs is three days suspension which has already expired.

Justice Prasad then asked the MLAs to meet the Speaker today and said that if the matter is not sorted out, it will be heard tomorrow.

“I can take this up tomorrow. Meet the speaker. If it is not sorted out…tomorrow I'll be hearing the matter. It is a small issue for this court. This court is not a political platform. I'll only be looking at the law. If things can be resolved outside…,” the court said.

As Senior Advocate Sudhir Nandrajog appearing for the Legislative Assembly said that the MLAs should go to the Speaker with the letter of apology, the court clarified that it is not interested in going into the nature of the meeting and what's going to transpire therein.

The matter will now be heard tomorrow at 12 PM.

Senior Advocates Jayant Mehta and Kirti Uppal appeared for the BJP MLAs. Senior Advocate Sudhir Nandrajog appeared for Legislative Assembly.

Reportedly, the BJP MLAs had repeatedly interrupted Lt Governor VK Saxena during his address on February 15, which focused on highlighting the achievements of the Aam Aadmi Party (AAP) government.

In the pleas filed by the 7 MLAs, it has been alleged that other members of the Ruling party were also heckling and shouting inside the house; however, the Speaker “because of his biases and prejudices has not taken any action against the Deputy Speaker and members of the ruling party, though the said acts were of graver nature. But he ordered marshalling out the petitioner and other leaders of the Opposition party selectively at around 11:32 AM onwards.”

The pleas further mention that on the next day of Budget Session (on 16.02.2024), during the proceedings of the Delhi Legislative Assembly, AAP MLA Dileep K Pandey, made a point of order at 11:13 AM, wherein he proposed the suspension of the 7 MLAs belonging to the opposition party from the House for an indefinite period.

“Relying on Rule 6 (page 126) 5th Schedule of the Rules of Procedure and Conduct of Business in the Legislative Assembly of the NCT of Delhi, Dileep Pandey moved resolution against all the seven MLAs alleging that their previous acts are in violation of Code of Conduct for members of Delhi Legislative Assembly. He in the resolution stated that the matter be sent to Committee of Privileges and till the submission of findings of Committee of Privileges and the petitioner along with 6 other BJP MLA's be suspended,” the pleas said.

It was further stated that the Speaker 'arbitrarily and capriciously' accepted the said resolution and put the motion before the House and on its acceptance by the voice vote, ordered the suspension of the 7 MLAs without any justification and again marshalled out the opposition party MLAs.

It was the case of the suspended MLAs that the impugned motion was 'manifestly unconstitutional and contrary to the Rules & Procedure and Conduct of Business of Legislative Assembly of Delhi.'

They had further submitted that the procedure adopted by the Speaker was an 'absolute violation of the Petitioners' rights guaranteed under the Constitution of India both as citizen of India and especially as members of the Legislative Assembly under Article 194 of the Constitution of india, hence, was ultra vires and non est in law.'

They had contended that the procedure adopted at the behest of the Legislative Assembly by the members of the ruling party (AAP) was 'maliciously designed in a manner calculative to exclude the Petitioners from, the House deliberations, with suspension till findings and report of the Privileges committee- which is an indefinite period.'

According to the pleas, during the session on February 15, the Lieutenant Governor commenced addressing the house, highlighting the achievements and strategies of the Delhi government. However, at approximately 11:11 am, the Petitioners interjected with facts contradicting the claims made by the Lieutenant Governor. However, the Lieutenant Governor "persisted with his assertions".

Following a discussion at 11:18 am, Mahawar was escorted out of the assembly by order of the Speaker. Shortly after, at 11:20 am, Jitender Mahajan was also removed while addressing the conditions and aid for elderly people, women in distress, and widows.

The plea filed by MLAs Ajay Kumar Mahawar, Vijender Gupta, and Anil Kumar Bajpai, stated, “the conduct of the Hon'ble Speaker herein has always been lenient and biased towards the ruling party which is clear from the fact that the current episode where only the members of opposite parties were marshalled out even though the members of the ruling party were continuously agitating and provoking the members of opposite party.”

“The Hon'ble Speaker has always shown a much lenient approach in dealing with the members of the ruling party when it comes to maintaining the decorum of the House. The specific acts done by the Hon'ble Speaker which showcases his allegiance shall be brought to the fore if so required,” it added.

Title: AJAY KUMAR MAHAWAR & ORS. V/s LEGISLATIVE ASSEMBLY OF THE NATIONAL CAPITAL TERRITORY OF DELHI, THROUGH SECRETARY & ANR. and other connected matters