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The Delhi High Court today dismissed Former President of Lok Janshakti Party (LJP) Chirag Paswan's plea challenging the Lok Sabha Speaker’s decision to recognise Pashupati Paras as Leader of LJP in the House.

The single Judge bench of Justice Rekha Palli dismissing the petition observed that the petition had absolutely no merits and was merely an inter se party dispute.

Advocate AK Bajpai appearing for Paswan argued that the speaker had accepted chief whip Pashupati Paras's recommendation and declared him leader of the party in the Lok Sabha.

Alleging that the speaker did not communicate the decision to the petitioners,  Bajpai submitted that "The speaker of Lok sabha has acted contrary to practice being followed since long in regard to appointment of leader, Chief whip, whip etc, which has always been communicated by a political party and it further makes it clear when reference is given defection rule and particularly 2(f), which define the leader in House.”

Bajpai further argued that a chief whip could not claim to declare himself as the party leader. Moreover the 5 legislative party members who had written letter to the speaker had been expelled from the party.

SGI Tushar Mehta appearing for the Union however argued that the petition was based on vague constitutional issues. Moreover Out of 6 elected persons, 5 were not with the petitioner. The petitioner had prayed  to implement the constitution of the party which cannot be a subject matter of judicial review.

Advocate Rajshekhar Rao pointed to the letter dated June 13, 2021 addressed to the speaker by Pashupati and other members  intimating the speaker that Pashupati Paras had been elected as the leader of the party pursuant to a meeting held on June 13.

He further pointed out that the Supreme Court  had now clarified its stand as to what happens when somebody decides to willingly go out from a party and when one is removed from the party.

In the present case the speaker had dealt with someone who had the authority being the Chief whip.

Paswan had sought directions to set aside the name of Pashupati Paras and instead issue corrigendum showing name of Paswan as the leader of the Party.

In his petition Paswan had stated that "The change of leader in the Lok Sabha is prerogative of particular party and in the present case, Article 26 of the Constitution of the petitioner no 2 (LJP) provides the Central Parliamentary Board will decide who would be leader or Chief Whip in the House or Assembly.”

"The entire action of respondent no. 1 is contrary to rules of lok Sabha, procedure, practice, provision of constitution of petitioner no. 2, and oppose to principle of natural justice", added the plea.

 

Case Title: Chirag Paswan vs Lok Sabha Secretary and ors