Suspended BJP MLA’s Accuse AAP of Political Maneuvering in Delhi High Court; Court Advises Them to Approach Speaker

Today (21 Feb 2024) in Delhi High Court, the suspended BJP MLAs alleged that their suspension is being equated with Raghav Chadha’s suspension from parliament, and accused the AAP of politicizing the matter.

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Suspended BJP MLA's Accuse AAP of Political Maneuvering in Delhi High Court; Court Advises Them to Approach Speaker

NEW DELHI: Today, the seven BJP MLAs suspended from the Delhi legislative assembly told the Delhi High Court that the ruling Aam Aadmi Party (AAP) is giving the issue a political colour by comparing it to the suspension of AAP MP Raghav Chadha from parliament.

The BJP, which holds eight seats in the 70-member Delhi Assembly, finds itself at the center of controversy as seven of its MLAs, namely Vijender Gupta, Ajay Kumar Mahawar, Anil Kumar Bajpai, Om Prakash Sharma, Jitender Mahajan, Mohan Singh Bisht, and Abhay Verma, face suspension. This action has significantly reduced the party’s active participation in the assembly, raising concerns about the impact on democratic processes and the principle of accountability in governance.

Represented by Senior Advocates Jayant Mehta and Kirti Uppal, the suspended BJP MLAs have voiced their grievances in court, arguing that the suspension is not merely a procedural matter but one that is deeply entangled with political motivations.

“More disturbing is the fact that your lordship was told that it is not a political matter but politics is being done,”

Mehta highlighted, pointing out the contradiction in the AAP’s stance on the issue. He further revealed that the legislators had extended an apology to the Lieutenant Governor, which was accepted, indicating a willingness on their part to resolve the matter amicably.

The crux of the BJP MLAs’ argument lies in their claim that the speaker’s decision to suspend them is “grossly unconstitutional,” effectively silencing the opposition’s voice in the assembly. They argue that the motion moved by AAP MLA Dilip Pandey was “maliciously engineered” to sideline them from participating in critical discussions, including those related to the budget session, thereby undermining the democratic principle of accountability.

Moreover, the BJP leaders contend that their suspension, despite the matter being referred to the Privileges Committee, is both illegal and untenable.

“The suspension of the members is one of the punishments prescribed for the misconduct and contempt of the House. The Speaker on one hand had referred to the Privileges Committee for consideration however on the other hand by suspending the seven MLA awarded the sentence/punishment as prescribed for the misconduct,”

-the plea filed by MLAs Om Prakash Sharma, Jitender Mahajan, and Mohan Singh Bisht stated.

Justice Subramonium Prasad heard the matter and asked the MLAs to meet the speaker today.

The single-judge said that he will not say anything on the nature of the meeting or the discussion but the MLAs should go and meet the Speaker.

“I am not interested in the nature of the meeting. I am not interested in what transpires in the meeting. I am only saying go and meet the speaker,” 
-the Court remarked.

Suspended BJP MLA's Accuse AAP of Political Maneuvering in Delhi High Court; Court Advises Them to Approach Speaker
Lt Governor VK Saxena

Uppal said that as legislators, they have no issues in meeting the Speaker but they are aggrieved by their continued suspension.

Justice Prasad said that if the issue is not resolved, the Court will hear the matter at 12 noon on Thursday.

This legal battle not only highlights the tensions between the ruling AAP and the opposition BJP in the Delhi Assembly but also raises important questions about the limits of legislative authority, the role of political parties in governance, and the essential democratic values of accountability and representation.

As the Delhi High Court considers this case, the outcome will undoubtedly have significant implications for the functioning of the assembly and the broader political dynamics in the national capital.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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