Delhi High Court permits BJP MLA Vijender Gupta to attend Delhi assembly from Monday for remainder of budget session

The Delhi High Court on Friday allowed Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Vijender Gupta to attend Delhi assembly from Monday for the remainder of the session. .Justice Prathiba M Singh took into consideration Rule 277 of the Rules of Procedure and Conduct of Business, Legislative Assembly of National Capital Territory of Delhi which requires that in one session, on the first occasion, suspension can only be for three sittings. "Under 277(1), speaker can direct any member to be suspended for the remainder of the day if the conduct is disorderly. Under 3(a) and 3(b), suspension on the first occasion would be for three sittings, on the second occasion for seven sittings and thereafter, for the remainder of the session," the single-judge recorded. .Therefore, noting that Gupta had already remained suspended for four days and served the three-day suspension in effect, he was allowed to return to the assembly."The record of proceedings shows that this was the first suspension meted out to the petitioner. Accordingly, in terms of Rule 277 (3) (b), the suspension could only have been for a period of three days.".The judge further stated that a perusal of the summary of proceedings showed that there was disturbance caused both by the petitioner as well as ruling party members. "It can only be gainsaid that members of the legislative assembly or any elected house have to maintain dignity.".While disposing of the petition, Justice Singh clarified that Vijender Gupta shall also maintain the dignity of the house. .According to reports, Delhi assembly speaker Ram Niwas Goel barred Gupta from taking part in the house proceeding till the next budget session.This was done after AAP MLA Sanjeev Jha proposed Gupta's suspension alleging that he frequently disrupted the House proceedings.Gupta had written a letter to the speaker proposing a breach of privilege motion against Finance Minister Kailash Gahlot and Environment Minister Gopal Rai stating that they leaked the budget details on social media before it was presented in the house..During today's hearing, Senior Advocate Jayant Mehta, appearing for Gupta argued that according to Rule 277 suspension was to be done in a graded manner. Therefore, in case of the first suspension, it could only be for a period of three sittings. However, Gupta had been ordered to be suspended for one year. The senior counsel relied on a judgment of the Supreme Court in Ashish Shelar vs The Maharashtra Legislative Assembly to argue that graded suspension alone can be followed. .On the other hand, the respondents argued that such suspensions are not to be enquired by any court. It was also submitted that in the present case, the suspension was by the house itself and not the speaker. Thus, the house was fully empowered to issue punishments of a higher nature. .In his plea, Gupta argued that the speaker's order is unjust, unfair, unreasonable and passed in violation of the Rules of Procedure and Conduct of Business, Legislative Assembly of National Capital Territory of Delhi."The impugned action of the Hon'ble 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 categorized 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..Gupta further said that the behaviour of the AAP members was very unruly and disorderly."The perusal of proceedings of the entire day i.e. 21.03.2023 clearly demonstrate that the actions of the Hon'ble Speaker of treating the MLAs of Ruling Party and the Petitioner who is member of opposition party in different manner were totally arbitrary; not being impartial and partisan in nature."