Delhi HC allows BJP MLA Vijender Gupta to attend Assembly session

New Delhi [India], March 24 : The Delhi High Court on Friday allowed BJP MLA Vijender Gupta to attend the budget session of the Delhi Assembly session from Monday.
Gupta had challenged his suspension for one year from Delhi Assembly by Speaker Ram Niwas Goel.
Justice Pratibha M Singh after hearing the submission and considering the rules of Assembly proceedings allowed Vijender Gupta to attend the house.
Justice Singh said, "As an interim measure the petitioner would be permitted to attend the house on Monday which is the last day of the budget session."
Petitioner shall also maintain the decorum of the house, the bench said. The petition has been disposed of.
Senior advocate Jayant Mehta appeared for Gupta and submitted that according to Assembly Rule 277, the speaker can suspend a member only for 3 sitting for the first occasion. Subsequently for 7 sittings and thereafter for the remainder of the session.
On the other hand, advocate Sameer Vashisht appeared for the respondent and submitted that It is not the speaker who suspended him, it is the entire house. A motion for his suspension was moved by the MLA Sanjeev Jha.
He submitted that at around 11.23 AM, the petitioner moved a notice of privilege.
At around 12.04 PM speaker gave the ruling on the notice, Vasisht submitted.
The sole motive of the petitioner was to disrupt the house. He was warned. He was called back.
Sameer Vasisht submitted that at around 2.47 PM, the petitioner again started shouting.
MLA Sanjeev Jha moved the motion for suspension of the petitioner for one year.
Advocate Vashist submitted that such suspension can not be inquired into by any court.
The house is empowered to issue punishment of an even higher nature.
The speaker may suspend any member for only 3 sitting on the first occasion.
The budget session of Delhi is on going, the petitioner has remained suspended for 4 days
The perusal shows there was a disturbance caused by the Petitioner. This was the first suspension.
MLA Vijender Gupta on Thursday moved Delhi High Court against his suspension for one year from Delhi Assembly by the Speaker Ram Niwas Goel until the next budget session, for allegedly interfering in the assembly proceedings.
The matter was mentioned on Thursday before the bench headed by Delhi Chief Justice by Senior Advocate Jayant Mehta who appeared for Gupta.
The case is filed by Advocates Neeraj, Pavan Narang and Satya Ranjan Swain.
Plea stated that on 20.03.2023, the Finance Minister of the Government of NCT of Delhi Kailash Gahlot came out with a statement claiming that the Home Ministry deliberately delayed the budget by not giving its approval. The said statement was put out from another Minister of the Government of NCT of Delhi by Gopal Rai from his Twitter handle.
Plea stated that this act of breach of privilege was noted by the Petitioner at the late evening. Before the Session was yet to begin i.e. before 11:00 AM, the Petitioner submitted a Notice calling for breach of privilege of motion against Gahlot, the Finance Minister. However, the Petitioner was not allowed to make a detailed statement.
Petitioner Vijender Gupta stated that Delhi Assembly Speaker Ram Niwas Goel repeatedly interrupted on one pretext or the other and marshalled out the Petitioner. After the Petitioner was marshalled out, taking back his own Order, the speaker called the Petitioner back and allowed him to make a statement.
However, surprisingly after 10 seconds, his mic was switched off and he was not allowed to make a statement. So the Petitioner went to the well of the House to show the provision of the Assembly Rules to the speaker, stated Gupta in the plea.
The Aam Aadmi Party (AAP) MLA Sanjeev Jha proposed the Petitioner's suspension from the House for a period of one year. The Speaker put the motion to vote by adopting the voice vote and ordered the suspension of the Petitioner without any justification and again marshalled out the Petitioner.
The said act of suspension is unjust, unfair, unreasonable and against the tenets of the settled position of law but also violative of the Powers and Privileges of the members of the House as enshrined under Article 194 of the Constitution of India.