Aam Aadmi Party (AAP) MP Raghav Chadha has moved the Supreme Court, challenging his suspension from the Rajya Sabha. Representing Punjab in the Rajya Sabha, Chadha was suspended on August 11 for allegedly obstructing house proceedings. This suspension is slated to last for the duration of the Privileges Committee proceedings against him.
In his writ petition against the Rajya Sabha Secretariat, Chadha termed his “indefinite suspension” as both illegal and arbitrary. He cited the Supreme Court’s verdict in Ashish Shelar v. State of Maharashtra (2022), stating,
“In Ashish Shelar, the Supreme Court held the suspension beyond one session to be arbitrary and illegal.”
Chadha’s petition underscores that his suspension was imposed on the last day of the Monsoon Session, and it continues even now, beyond the conclusion of the Monsoon Session and the subsequent Special Session. He pointed out,
“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.”
He further referenced Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha Rules), highlighting a
“categorical prohibition against the suspension of any Member for a period exceeding the remainder of the Session.”
Chadha contended that such an indefinite suspension not only violates the rules but also infringes upon the rights of Punjab’s citizens, whom he represents in the Rajya Sabha.
Describing the Rajya Sabha chairperson’s decision, Chadha stated it was a
“selective targeting of a vocal member of Parliament of the Opposition.”
He further argued that the prolonged suspension beyond the Monsoon session is
“on the face of it illegal, manifestly arbitrary, unconstitutional, and erosive of the rights of effective representation to the people of Punjab.”
Additionally, Chadha has taken his grievances to the Delhi High Court, challenging the Rajya Sabha Secretariat’s move to evict him from his allocated bungalow.
