New Delhi, March 24 The Delhi High Court on Friday permitted Bharatiya Janata Party (BJP) MLA Vijender Gupta to attend Delhi Assembly from Monday for the remainder of the budget session, a day after the BJP leader had moved the court challenging his one-year suspension by the Speaker.
A single-judge bench of Justice Pratibha M. Singh granted relief to Gupta as an interim measure and disposed of his plea.
Assembly Speaker Ram Niwas Goel had suspended Gupta on March 21 till the next budget session for allegedly obstructing the proceedings of the House.
The court said that there was disturbance caused by both Gupta and the other members of the ruling party.
"It can only be said that the members of a legislative Assembly or an elected House have to maintain its dignity," Justice Singh observed.
A division bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta had heard the MLA's plea, which was moved by senior advocate Jayant Mehta.
The bench had listed the matter for urgent hearing on Friday.
"This is about a sitting MLA who has been disqualified from attending the House for one year, which is in the teeth of the Supreme Court judgment as well as the Rules of the House... Under Article 194, there is an indefensible right to participate in the proceedings," Mehta had said.
The plea had termed the order passed by Goel as "unjust, unfair and unreasonable".
The petition stated that the order violates the "Rules of Procedure & Conduct of Business, Legislative Assembly of National Capital Territory of Delhi".
"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 does not come within the definition of 'irregular proceedings' but in fact is a classic case of being categorised as 'gross illegal' and 'unconstitutional' but also contravention/violation of fundamental rights of the petitioner under Articles 14 and 19 of the Constitution of India," the plea stated.
The plea sought direction from the court to revoke Gupta's suspension with immediate effect and to permit him to attend the Assembly and exercise his rights and privileges in the capacity as an MLA.
During the Assembly sitting, Gupta had proposed a breach of privilege motion against Finance Minister Kailash Gahlot and Environment Minister Gopal Rai for 'leaking' Delhi budget details on social media.
Goel had responded: "As per rules, such a notice needs to be given three hours before. You are saying that it should be taken up for discussion today itself. It seems the aim is to create a ruckus and waste the time of the House."
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