NEW DELHI: The Delhi High Court on Wednesday ordered to reinstate the seven BJP MLAs, who were suspended indefinitely from the Delhi Assembly for interrupting lieutenant governor’s (LG) VK Saxena’s address on the first day of the Budget session.
The BJP MLAs had allegedly interrupted Lt Governor (LG) VK Saxena multiple times during his address on February 15 highlighting the achievements of the AAP government while they attacked the Arvind Kejriwal dispensation on a range of issues.
The disruption continued despite repeated warnings given to them by the Speaker of the House which led to their suspension for an indefinite period.
The petitioner MLAs approached the high court, arguing that they have been suspended from the House by invoking Clause 44 of Fifth Schedule which could impose only have been for a specific period and not for an indefinite period.
The court was dealing with the petitions filed by the MLAs--Mohan Singh Bisht, Ajay Mahawar, OP Sharma, Abhay Verma, Anil Vajpayi, Jitender Mahajan, and Vijender Gupta-- who were challenging their suspension from the Assembly.
On Wednesday's order, Justice Subramonium Prasad noted that the Speaker who is an impartial arbitrator and conducts the House has not taken any decision independently and has not held that the matter is one that requires to be referred to the Committee of Privileges.
"... Since the Petitioners have already undergone the suspension of 14 sittings, this Court is of the opinion that the Petitioners should be permitted to re-join the House forthwith," the order held.
The order stated that 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 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 and Chapter XI, it was noted in the order.