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Synopsis

Aam Aadmi Party leader and Member of Parliament of Rajya Sabha from Punjab, Raghav Chadha has approached the Supreme Court of India challenging the 'arbitrary action' of suspending him beyond a session of the Rajya Sabha, without any authority of law.

Chadha was the indefinitely suspended from the service of the Rajya Sabha on August 11, 2023 for the duration of pendency of the Privileges Committee proceedings against him.

Supreme Court has been told that, on account of his suspension, the AAP leader is not able to attend the meetings of the Standing Committee on Finance and the Committee on Subordinate Legislation, which continue their work even when the Parliament is not in session.

Filed by Advocate Shadan Farasat, the writ petition adds that Chadha's indefinite suspension on the last day of the Monsoon Session of the House, an hour before the Session was to be adjourned, which subsists today, i.e. after the completion of the Monsoon Session itself as also the Special Session that was summoned from September 18-22, 2023, is in clear breach of Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States (‘Rajya Sabha Rules’) which incorporates a categorical prohibition against the suspension of any Member for a period “exceeding the remainder of the Session.

"..in terms of Article 101(4) of the Constitution, the effect of an indefinite suspension, particularly outside the period of session is to de-facto create a vacancy after a period of sixty days, which also shows the prima facie illegality of the impugned action. A suspension cannot have an effect of expulsion and create a vacancy in the House", the petition submits.

It has been further prayed that Petitioner be granted all the consequential benefits arising from setting aside of his suspension.

Chadha has also moved the Delhi High Court challenging the trial court’s order which payed way for the Rajya Sabha Secretariat to evict him from his Type VII government bungalow.

After the plea was listed for urgent listing before a division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, it was allowed to be listed for hearing today i.e. October 11, 2023.

On October 5, Additional District Judge Sudhanshu Kaushik vacated an earlier order that stopped the Rajya Sabha Secretariat from evicting Chadha from his government accommodation. The judge had said that Chadha had “no vested right” to continue to occupy his government bungalow after the cancellation of its allotment.

"Plaintiff (Chadha) cannot claim that he has an absolute right to continue to occupy the accommodation during his entire tenure as a Member of Rajya Sabha. The allotment of Government accommodation is only a privilege given to the plaintiff and he has no vested right to continue to occupy the same even after the cancellation of allotment," the court had said.

In June 2023, the Rajya Sabha Secretariat was directed by the court not to evict him from a Type-7 bungalow in Lutyens’ Delhi, which is usually allotted to lawmakers who are former ministers, chief ministers or governors, till the pendency of his application and without following the due process of law.

Case Title: Raghav Chadha vs. Rajya Sabha Secretariat & Ors