Delhi High Court

Delhi High Court Revokes Indefinite Suspension of 7 BJP MLAs

The Delhi High Court has nullified the indefinite suspension imposed on seven BJP MLAs by the Delhi Legislative Assembly. These MLAs contested their suspension before the High Court, which ruled in their favor.

The suspension of these MLAs stemmed from a disturbance during an address by the LG in the Budget session of the Delhi Assembly on February 15. Justice Subramonium Prasad granted relief to the seven MLAs by allowing their petitions and setting aside their suspension. However, a detailed judgment is still pending.

The High Court reserved its decision on February 27 after hearing arguments from both sides. During the proceedings, the High Court instructed the privilege committee to refrain from taking any action until further notice. The matter had been referred to the committee following the initial suspension.

BJP MLAs Vijender Gupta, Ajay Kumar Mahavar, Abhay Verma, Anil Kumar Vajpayee, OP Sharma, Mohan Singh Bisht, and Jitendra Mahajan contested their suspension, arguing that it violated their constitutional rights under Articles 14, 19, and 22 of the Indian Constitution. They claimed that the suspension was unconstitutional and deprived them of their freedom of speech and representation of their constituencies.

The counsel for the MLAs also argued against the indefinite nature of the suspension, emphasizing that it left their constituencies unrepresented and violated their rights as elected representatives. They contended that the suspension was disproportionate to the alleged misconduct during the Assembly session.

Senior advocates representing the Delhi Legislative Assembly Speaker countered these arguments, asserting that indefinite suspension of MLAs was unjustified. They highlighted the importance of adhering to established procedures and avoiding undue interference with the functioning of the legislative body.

In light of these arguments, the High Court questioned the validity of the suspension and the procedures followed. It emphasized the need for a balanced approach to disciplinary measures and raised concerns about potential violations of the MLAs’ rights.

The matter was further complicated by allegations of political bias and procedural irregularities. However, the High Court’s intervention signaled a reassessment of the suspension and a potential restoration of the MLAs’ participation in the legislative process.

Ashish Sinha

-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008

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