Tuesday, April 16, 2024

Delhi High Court permits BJP MLA Vijender Gupta to attend proceedings of Delhi Legislative Assembly

The High Court of Delhi on Friday allowed BJP MLA Vijender Gupta to attend the proceedings of Delhi Legislative Assembly on the last day of the coming Budget Session. 

The Single-Judge Bench of Justice Prathiba M. Singh granted relief to Gupta as an interim measure and disposed of his plea that challenged the motion passed by DLA, suspending him from attending the sittings of the House for one year till the next Budget Session.

Perusing the summary of proceedings of the House for the relevant day, the High Court said there was disturbance caused by both Gupta and members of the ruling party. It further observed that members of a Legislative Assembly or an elected house should maintain dignity. 

Senior Advocate Jayant Mehta had mentioned the matter on Thursday before the Division Bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta, which permitted urgent listing for March 24.

Mehta challenged the disqualification on the grounds that it was in the 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)


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