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Synopsis

As an interim measure, the Delhi High Court has permitted BJP MLA Vijender Gupta to attend the proceedings of the budget session on Monday i.e. the last day of the budget session of the Delhi Assembly. However, the court directed him to maintain the dignity of the house.

While disposing of a plea, Justice Prathiba M Singh observed that the members of the legislative assembly or any elected house have to maintain dignity.

A plea was filed to challenge the motion passed by the Delhi Assembly suspending Gupta from attending the sittings of the House for one year till the next budget session for allegedly obstructing the proceedings of the house. The suspension came into effect on March 21.

Justice Singh observed, “The perusal of proceedings does show that there was disturbance caused by both petitioners and the ruling party members. It can only be gainsaid that the members of a legislative assembly or any elected house have to maintain dignity.”

Senior Advocate Jayant Mehta, appearing for Gupta, placed reliance on Rule 277, according to which, the suspension was to be done in a phased manner. Therefore, in the case of the first suspension, it could only be for a period of three sittings. However, Gupta had been ordered to be suspended for a year.

It was submitted in the plea that the order passed by the Speaker of the Delhi Assembly was unjust, unfair, and unreasonable.

Counsel for Delhi Government placed reliance on section 37 of the GNCTD Act, 1991 to submit that the suspension could not be inquired in any court.

“Recordings of the proceedings show that it was the first suspension given to the petitioner but according to the Rule 277(3)(b), the suspension could have only been for 3 days which the petitioner has already served,” the court observed.

The questions of law raised in respect of Rule 77 and Rule 277 were left open to be decided in an appropriate manner. The court said, “Needless to add that the petitioner shall also maintain the dignity of the house. The petition is disposed of.”

Case Title: Vijender Gupta vs. Legislative Assembly of the National Capital of Territory of Delhi Through Secretary & Anr.