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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Vijender Gupta – Appellant
Versus
Legislative Assembly of The National Capital Territory of Delhi Through Secretary & Anr. – Respondents
W.P.(C) 3792 of 2023 & CM Appls. 14800-01 of 2023
Decided On : 24-03-2023
Suspension - Delhi Legislative Assembly - Rule 277, Section 37 of the Government of NCT of Delhi Act, 1991 - The court set aside the one-year suspension of the petitioner, allowing attendance from 27th March, 2023 till the remainder of the current session.
Fact of the Case:
The petitioner, a sitting MLA, challenged the suspension order imposed on him during the proceedings of the Delhi Legislative Assembly (DLA) for disrupting the house.
Finding of the Court:
The suspension period of one year was set aside, and the petitioner was permitted to attend the DLA from 27th March, 2023 till the remainder of the current session.
Issues: The main issue was the validity of the suspension order under Rule 277 and Section 37 of the Government of NCT of Delhi Act, 1991.
Ratio Decidendi: The court held that the suspension period of one year was contrary to law as Rule 277 provides for graded suspension, and the Supreme Court's judgment in a similar case supported this interpretation.
Final Decision: The court allowed the petitioner to attend the DLA from 27th March, 2023 till the remainder of the current session, setting aside the one-year suspension.
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-Mr. Vijender Gupta, who is a sitting MLA of the Delhi Legislative Assembly (hereinafter `DLA'), challenging the suspension order which was imposed on him during the proceedings of the DLA on 21st March, 2023.
3. Since there is no specific order which has been passed by the Hon'ble Speaker and the suspension is to be gleaned from the "summary of proceedings" which took place in the DLA on that day, it is deemed appropriate to extract the said summary herein below:
"I. 11.07 AM The Chair informed the House that for the first time in the history of the House, Annual Budget (2023-24) would not be presented as per schedule: The Chair termed it as an unfortunate, unconstitutional and extraordinary incident and requested Shri Kailash Gahlot, Hon'ble Minister of Finance to make a statement in this regard.
2. 11.08 AM Shri Vijender Gupta, Hon'ble Members started arguing with the Chair and demanded that Notice of Privilege given by him against Shri Kailash Gahlot and Shri Gopal Rai, Hon'ble Ministers be taken up.
The Chair requested the Hon'ble Member to allow Shri Kailash Gahlot, Hon'ble Minister to make a statement.
However, Shri Vijender Gupta, Hon'ble Member continued to argue with the Chair and disrupted the proceedings of the House.
On the directions of the Chair, the Marshalls escorted Shri Vijender Gupta, Hon'ble Member out of the House.
11.16 PM: Shri Ramvir Singh Bidhuri, Hon'ble Leader of Opposition and Other Members of Opposition walked out in the protest.
3. 11: 16 AM Shri Kailash Gahlot, Hon'ble Minister of Finance made a brief statement and apprised the House regarding the circumstances for not being able to present the Budget today i.e. scheduled date due to lack of approval from Ministry of Home Affairs (MHA).
4.11.23 AM Shri Sanjeev Jha, Hon'ble Member also expressed his concerns.
The Members of the Ruling Party entered the well of the House and started shouting slogans.
The Chair requested the Members to resume their seats.
However, the Members of Ruling Party continued to indulge in sloganeering.
5. 11.24 AM The Chair adjourned the House till 12:00 Noon.
6. 12.04 PM House reassembled.
Hon'ble Speaker in-Chair.
7. 12.04 PM The Chair gave a Ruling on the Notice of Breach of Privilege against Shri Kailash Gahlot and Shri Gopal Rail, Hon'ble Ministers given by Sliri Vijender Gupta, Hon'ble Member and informed the House that it was received at 10:59 AM, whereas per Rules it should be submitted at least 03 (three) hours before the commencement of sitting on that day. He stated that the Notice mentioned leak of contents of Outcome Budget, already presented on 20/03/2023, and did not relate to the Annual Budget. He also stated that it was obvious that sole motive of Shri Vijender Gupta, Hon'ble Member was to disrupt the proceedings of the House and waste precious time of the House. The Chair also warned Shri Vijender Gupta, Hon'ble Member to be careful in future and not waste the time of the House by such frivolous Notice which was also against the Rules.
8. 12.11 PM Shri Mohinder Goyal, Hon'ble Member made a brief statement condemning the irresponsible behaviour of Shri Vijender Gupta, Hon'ble Member for disrupting the proceedings of the House.
9. 12.13 PM Shri Dilip Kumar Pandey, Hon'ble Chief Whip also drew the attention of the Chair on the Notice of Privilege given by Shri Vijender Gupta, Hon'ble Member with a mala fide intent and requested the Chair to refer the matter to Committee on Ethics.
10. 12.14 PM The Members of Ruling Party again entered the well of the House and started shouting slogans and created rucks.
Uproar in the House ensured.
The Chair requested the members to resume their seats. However, the Members continued to indulge in sloganeering and disrupted the proceedings of the House.
11. 12.16 PM The Chair adjourned the House till 02:00 P.M..
12. 7 02.47PM House reassembled.
Hon'ble Spe
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