Delhi High Court Sets Aside Suspension Of 7 BJP MLAs From Delhi Assembly Budget Session

The Delhi High Court on Wednesday allowed the petitions filed by seven BJP MLAs challenging their recent suspension from the remainder of the Budget session of the Delhi Assembly, for allegedly interrupting the Lieutenant Governor's address.

Justice Subramonium Prasad set aside the suspension of the MLAs. The court had reserved its verdict on the pleas on February 27.

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

The court said that for a breach of Code of Conduct, the MLAs could have been given only any one of the punishments provided under Clause 44 of the Fifth Schedule which does not stipulate a suspension for an indefinite period. 

“Since the suspension can be only for a specific period and not indefinitely i.e., till the Committee of Privileges takes a decision on the question of breach of privilege, the suspension of the Petitioners till the Committee of Privileges takes a decision is, therefore, beyond the purview of Clause 44 of the Fifth Schedule and is, therefore, unsustainable,” the court said.

It added that since the MLAs had already undergone suspension of 14 sittings, they should be permitted to re-join the House forthwith.

Senior Advocate Jayant Mehta appearing for the MLAs had submitted that the suspension till the conclusion of the proceedings before the privileges committee was in violation of the appropriate Rules.

On the other hand, Senior Advocate Sudhir Nandrajog appearing for the Delhi Assembly opposed the petitions and said that the suspension of MLAs was a “self-discipline mechanism.”

Earlier, the court was informed that the MLAs wrote a letter of apology to LG Vinai Kumar Saxena which was accepted by him and that they also sent the copy of the letter to the Speaker via email.

Justice Prasad had then asked the MLAs to meet the Speaker. However, since the matter was not resolved, the court heard the pleas on merits.

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 the 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.

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 citizens 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

Citation: 2024 LiveLaw (Del) 268

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