HC sets aside 7 BJP MLAs’ suspension

‘Given punishment in excess of what could have been given under rule invoked’

◗ JUSTICE PRASAD said they have actually been awarded the punishment of indefinite suspension as per another provision without even being heard which has been held to be invalid by Supreme Court

The Delhi high court on Wednesday struck down the state Assembly Speaker’s order suspending seven BJP MLAs for interrupting lieutenant-governor V.K. Saxena’s customary address to the Budget Session, holding that the punishment awarded was in “excess” of the rule invoked by the chair.

It allowed the MLAs to attend the session forthwith, saying the penalty was not “sustainable.”

In a relief to the BJP MLAs, justice Subramonium Prasad said the punishment was not in accordance with the legal framework and there was no independent application of mind by Speaker Ram Niwas Goel in referring the matter to the privileges committee.

“The decision of the House to send the issue before the committee of privileges without the Speaker independently applying his mind as postulated under Rule 70 of Chapter XI (of rules of procedure and conduct of business of the Delhi Assembly) and the decision of the House to suspend the petitioners till the committee of privileges takes a decision both are in violation of the procedure prescribed under the Fifth Schedule (pertaining to code of conduct) and Chapter XI,” the court said.

“Since the petitioners have already undergone the suspension of 14 sittings, this court is of the opinion that the petitioners should be permitted to rejoin the House forthwith,” it added.

The seven Bharatiya Janata Party (BJP) MLAs— Mohan Singh Bisht, Ajay Mahawar, O.P. Sharma, Abhay Verma, Anil Bajpai, Jitender Mahajan, and Vijender Gupta—moved the court last month, challenging their suspension from the Assembly till the conclusion of the proceedings pending before the privileges committee.

The judge said the petitioners have been “given a punishment in excess of what could have been given under the rule invoked.”

Justice Prasad said they have actually been awarded the punishment of indefinite suspension as per another provision without even being heard which has been held to be invalid by the Supreme Court.

The MLAs had contended that their suspension till the conclusion of the proceedings before the privileges committee was in violation of the applicable legal provisions.