Suspension from assembly cannot be for indefinite period, argue suspended BJP MLAs

New Delhi [India], February 19 : The Delhi High Court will hear seven BJP MLAs, who have been suspended for an indefinite undefined period, on the point of interim relief.
These seven MLAs have been suspended for allegedly disturbing the Delhi Assembly on February 15 during an address of the Lieutenant Governor.
Justice Subramonium Prasad listed the matter for tomorrow on the point of interim relief of granting permission to attend the ongoing budget session.
Senior advocate Jayant Mehta, Advocates Neeraj, and Satya Ranjan Swain appeared for the petitioner MLAs including Vijender Gupta, Ajay Kumar Mahavar, Abhay Verma, Anil Kumar Vajpayee and others.
Senior advocate Jayant Mehta submitted that these seven out of eight MLAs have been suspended for an indefinite undefined period for representing the true factual position before the LG during his address on February 15, 2024.
He also submitted that a motion for suspension of seven BJP MLAs was passed with the voice vote for an indefinite period on February 16, 2024.
The court asked to show how the rules were violated and whether a petition can be heard when a privilege committee is hearing the matter.
Senior advocate Mehta submitted that the Supreme Court has already said that you can not suspend for an indefinite period.
There is a graded punishment that has to be followed. The privilege committee is hearing the matter and the Punishment has been given, he added.
The maximum punishment can be given for three days in the first incident. Seven days for the second incident of violation. This is the first punishment, Mehta submitted.
Senior advocate Jayant Mehta submitted that it is Punishment if I am not allowed to participate being an MLA.
Justice Subramonium Prasad asked what you want as interim relief.
The senior advocate said that we wanted permission to attend the session as it is a budget session.
Thereafter, the High Court listed the matter tomorrow to hear arguments on interim relief.
The motion for suspension of BJP MLAs was introduced by AAP MLA Dilip Pandey which passed by a voice vote.
It was submitted on behalf of MLA Ajay Kumar MAhavar that the LG was addressing the House on February 15. Certain assertions were made in the speech of LG which were factually. It was objected to. My objection was factual and to ensure the sanctity of the house is maintained. Despite this, seven out of eight MLAs were marshalled out, senior advocate Mehta submitted.
Interestingly, some of the MLAs of the ruling party were also disturbing the house, he added.
It was also submitted that they were allowed to attend the post-lunch session. Out of nowhere and contrary to the rules, a motion was moved by a member of the ruling party and it was passed by a voice vote.
Justice Prasad said, "When you are marshalled out, according to you that complies with Rule 44. Your principal argument is that you are now being punished twice for the same argument. Let's assume a person is so disorderly that once you have been marshalled out does it take away the right of the privileges committee to examine if a stricter punishment is needed to be imposed?
The bench also said that there is a limitation to interference with the affairs of the house.
Delhi BJP MLAs, who were suspended for the remainder of the Budget session of the Delhi Assembly, have moved to the Delhi High Court and challenged the decision of their suspension.
The matter was mentioned before the bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora which allowed it for a listing of the matter.
Senior Advocate Jayant Mehta mentioned the matter before the bench on behalf of the BJP MLAs. It was submitted that the suspension of opposition MLAs is completely wrong and their right to participate in the proceedings is being affected.
Mehta during mentioning also submitted that the motion to suspend the MLAs is unconstitutional and contrary to the rules.
The budget session of the Delhi assembly began on February 15, 2024, with the LG outlining the policies, programmes and work of the AAP-led Delhi government in the fields of education, health, transport, social welfare, infrastructure, etc.
It was alleged that as LG Saxena began his speech mentioning AAP's achievements, BJP MLA and former leader of opposition Vijender Gupta interrupted. Later other BJP MLAs also continued interrupting LG's speech while he highlighted various achievements of the government.
On Friday, after the decision to suspend the BJP MLAs from the Delhi legislative assembly, Delhi Minister and AAP leader Saurabh Bharadwaj said, "A few days back in the upper house of the Parliament, Rajya Sabha, it was seen that a few members were suspended for the time till the report of privilege committee came.
"These small houses (state assemblies) take inspiration from the biggest house (parliament). Interrupting LG address was a big issue and according to the code of conduct, it is to be seen as contempt of the house," he added.