The decision to suspend the petitioners and refer the matter to the Committee of Privileges was in violation of the procedure prescribed under the Fifth Schedule and Chapter XI.

Headnote:
Motion - Legislative Assembly - The court found that the decision to suspend the petitioners and refer the matter to the Committee of Privileges was in violation of the procedure prescribed under the Fifth Schedule and Chapter XI. The petitioners were permitted to re-join the House forthwith.
Fact of the Case:

The petitioners challenged the motion passed in the 5th Session of the 7th Delhi Legislative Assembly on 16.02.2024, which suspended them from the House and referred the issue to the Committee of Privileges.
Finding of the Court:

The court found that the decision to suspend the petitioners and refer the matter to the Committee of Privileges was in violation of the procedure prescribed under the Fifth Schedule and Chapter XI. The petitioners were permitted to re-join the House forthwith.
Issues: The issues included the violation of the procedure prescribed under the Fifth Schedule and Chapter XI, the indefinite suspension of the petitioners, and the failure to follow the prescribed procedure for breach of privilege and contempt.
Ratio Decidendi: The decision to suspend the petitioners and refer the matter to the Committee of Privileges was in violation of the procedure prescribed under the Fifth Schedule and Chapter XI. The petitioners were permitted to re-join the House forthwith.
Final Decision: The writ petitions were disposed of, and the petitioners were permitted to re-join the House forthwith.

JUDGEMENT

1. The present writ petitions have been filed challenging the Motion passed in the 5th Session of the 7th Delhi Legislative Assembly on 16.02.2024 whereby the Petitioners had been suspended from the Sittings of the House and the issue was referred to the Committee of Privileges of the Legislative Assembly.

2. The facts leading to filing of the present petitions are as follows:

a. The Petitioners are Members of the 7th Delhi Legislative Assembly. The Petitioners have been elected to the Delhi Legislative Assembly in the elections held on 08.02.2020. b. The 5th Session of the 7th Legislative Assembly, which is the budget session for the year 2024-2025 was scheduled from 15th February, 2024 to 21st February, 2024. The Session was extended till 29.02.2024 and further till 08.03.2024 with 18 scheduled sittings of the House.

c. Bulletin II dated 14.02.2024 was issued by Legislative Assembly Secretariat, NCTD informing all the members of the House that the Hon’ble Lieutenant Governor of Delhi would address the House at the start of the 5th session on 15.02.2024 and a schedule was provided for the same.

e. At 11:18 AM and 11:31 AM, the petitioners were marshaled away from the Chamber of the House on the directions of the Speaker for continuously disrupting the Address of the Hon’ble Lieutenant Governor.

f. Subsequently, a motion was proposed in the House on 16.02.2024 to refer the matter to the Committee of privileges and a decision was taken to suspend the Petitioners from sitting in the House till a finding is submitted by Committee of Privileges. The relevant except of the Motion is as follows"

Abhay Verma, Shri Vijender Gupta,

as the same are

not in conformity with the rules to be observed by

the Members of this House, as the same lowers the

dignity ofthe House, and as the same are in

violation of the framework of Code of Conduct for

Members of the Delhi Assembly,

as prescribed by

the Committee on Ethics and thus approves that

this matter be referred to the Committee of

Privileges and the suspension of these Members till

the Committee of Privileges submits its findings on

cases of breach of privilege and contempt pending

against them

‖

h. The Petitioners have, therefore, approached this court challenging the abovementioned motion.

3. The learned Counsel for the Petitioner contends that the Fifth Schedule is a self-contained code and is exhaustive in nature insofar as dealing with the Code of Conduct of Members inside the House is concerned. It also describes the procedure to enquire the same and also the punishments that can be imposed for such breach of conduct. It is submitted that a punishment under Clause 44 of the Fifth Schedule has already been inflicted on the Petitioners when the Speaker asked for the Members of the House to withdraw on 15.02.2024. It is submitted that once the mechanism under the said schedule had worked itself out, a motion could not have been entertained on 16.02.2024 which once again pertained to the conduct of the Members. Moreover, it is also stated that it is clear from the transcript of the House that the motion had been passed on 16.02.2024 invoking the Rule 6 of the Fifth

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