Delhi High Court Dismisses Chirag Paswan's Plea Against Speaker's Decision Recognising Pashupati Paras As Leader Of Lok Janshakti Party In Lok Sabha

The Delhi High Court on Friday dismissed the plea filed by MP of Lok Janshakti Party Chirag Paswan, challenging the decision of the Lok Sabha Speaker recognizing Pashupati Paras as the party floor leader. Paswan had sought inclusion of his name in the place.

Justice Rekha Palli dismissed the petition after finding no merits in the averments raised by the petitioners. The Court also noted that the petitioners were in fact 'trying to settle their scores' by way of filing the present plea.

"The right to decide the internal disputes of the House rests with the Speaker," the Court observed while dismissing the petition.

The plea stated that the change in leader of Lok Sabha is the 'prerogative of the party' which in the present case is the LJP. Stating that the action of the Secretary General of Lok Sabha is contrary to Rules of the House and the principles of natural justice, it has been stated that nobody was either or called about the action.

During the course of hearing, Advocate AK Bajpai appearing for the petitioners submitted before the Court that the decision of naming Pashupati Paras as the Party floor leader in Lok Sabha while removing Chirag Paswan's name was arbitrary and contrary to the party's constitution.

"The decision has to be taken by the Parliamentary board. Their act is contrary to the constitution of the Party," Bajpai submitted.

On the other hand, Solicitor General of India Tushar Mehta appearing for the Union of India submitted before the Court that the petition was 'blissfully vague' about the basic constitutional issues.

"Out of 6 elected persons, 5 are not with the petitioner. The prayer is to implement the constitution of the party. Suppose one of those five had to come before the Court, how would the writ examine that dispute? This dispute cannot be a subject matter of judicial review," Mehta submitted.

Relying on the letter dated 13th June written by the Chief Whip of LJP, Pashupati Paras, Senior Advocate Rajshekhar Rao submitted that:

"The speaker has dealt with someone who had the authority being the Chief whip. If they are deemed to be expelled, the Election Commission will deal with it."

Hearing the aforementioned submissions, the Court said thus:

"Now it's very clear. If you want to press it, it's your wish. I will then make observations. I've said it's your inter se party dispute. You can exercise your remedies."

The plea averred:

"Because Chief which is the only communicator of a party and only play its role when the house is in session, whereas, respondent no.3 (Pashupati Paras) took a decision of its own and that too contrary to the stand of the party and speaker acted in haste without following due process or even without compliance of natural justice."

Furthermore, it said:

"Chief whip was never authorized by the party to take such major decision without the knowledge of party or validity recommended leader of the house ie. Petitioner no.1 (Chirag Paswan). It is submitted that in case, name of leader was to be replaced on the basis instruction of speaker of Lok Sabha, in that situation, the speaker ought to have verified from the party or the existing leader (Chirag Paswan) hence, the action is completely oppose to all canon of justice."

It had been alleged that MPs Pashupati Paras, Bina Devi, Chaudhary Mehboob Ali, Chandan Singh and Prince Raj had written a letter dated 13th June to the Lok Sabha Speaker, Om Birla according to which a circular was issued with regards to revised party position wherein Paras was shown as the leader of LJP in Lok Sabha.

Stating that there was no notice, personal hearing or verification from the party, the petition submitted that the aforesaid exercise is arbitrary, malafide and contrary to the Rules.

"Because the Speaker of Lok Sabha has acted contrary to the practice being followed since long in regard to appointment of leader, Chief whip, whip etc. which has always been communicated by a political party and it further make it clear when reference is given deletion rule and particularly 2(f) which defines the leader of the house," the plea read.

In view of this, the plea sought setting aside of the impugned circular dated 14th June 2021 showing Paras's name as LJP leader in Lok Sabha with a further direction to issue corrigendum by showing the name of Paswan in that place.