SC notice to Rajya Sabha Secretariat on Raghav Chadha's plea against his suspension from House
Oct 16, 2023
New Delhi [India], October 16 : The Supreme Court on Monday issued notice to the Rajya Sabha Secretariat on a plea of Aam Aadmi Party MP Raghav Chadha challenging his indefinite suspension from Rajya Sabha.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra posted the matter for hearing on October 30.
It also sought the assistance of Attorney General of India R Venkataramani in the matter.
Senior advocate Rajesh Dwivedi, appearing for Chadha, told the bench that it was an "issue of national importance" and raised certain questions including whether such an order could be passed after the matter is referred to the privilege committee based on the same grounds for the purpose of examination, investigation and report.
Dwivedi said that Rule 266 of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha Rules) only empowers the Chairman to issue general directions and by invoking this power, the Chairman cannot suspend a member.
Chadha was suspended from the Upper House on August 11 for "breach of privilege" during the Monsoon Session after complaints.
The MP was accused of not obtaining the consent of five Rajya Sabha MPs before including their name in a select committee.
He was suspended till the Privilege Committee submitted its findings on the allegation against him for forging the signatures of five MPs in a motion related to the Delhi Services Bill in the Rajya Sabha.
Chadha has called the suspension patently illegal and without the authority of law.
His suspension followed a motion moved by Leader of the House Piyush Goyal who sought action against the AAP leader for including names of some members of the Upper House without their consent in a proposed select committee for the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.