Delhi HC declines to stay disqualification of ex-AAP MLAs

Delhi High Court on Monday declined to stay Delhi Assembly Speaker's decision to disqualify ex-AAP MLAs Anil Bajpai and Devinder Sehrawat under anti-defection law. While declining to grant an interim relief, Justice Navin Chawla issued tices to office of Assembly Speaker Ram Niwas Goel, Election Commission and AAP MLA Saurabh Bhardwaj who h sought disqualification of duo for having participated in BJP events.

high court has sought replies by vember 20.

"What is urgency for a stay? re cant be a stay of this (Speaker's order)," court said during brief arguments.

Senior vocate Chetan Sharma, appearing for two disqualified MLAs, pressed for stay of Speaker's August 8 decision on ground that Goel h t dealt with all issues raised by m during anti-defection proceedings. Sharma said high court h asked Speaker to deal with all issues, including recusal of Goel from proceedings, raised by two.

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counsel appearing for Speaker opposed plea for stay of August 8 order.

Sehrawat and Bajpai, in ir pleas filed through vocates Neeraj and Shoumendu Mukherji, have contended that Speaker's order "was passed in haste" without giving m an opportunity to represent ir case.

y have also alleged, in ir petitions, that disqualification proceedings against m were from inception conducted in a manner prejudicial to m.

A division bench of high court h on July 24 dismissed ir pleas seeking recusal of Legislative Assembly Speaker from disqualification proceedings against m, saying it finds reason to entertain ir appeals against a single judge order of July 8 denying m same relief.

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single judge h said re was " infirmity" in procedure opted by Speaker and h rejected MLAs' allegation of bias as also contention that he should have first decided ir application for recusal before going ahe with disqualification proceedings.

Bharwaj on June 10 h moved a petition in Delhi Assembly and sought disqualification of Bajpai, who was MLA from Gandhi Nagar, and Sehrawat, who h won Bijwasan seat, for being openly critical of Aam Ami Party (AAP) and allegedly joining BJP in May.

duo have contended in ir petition that Speaker was t supposed to have political inclinations, but was seen attending events and protests of AAP and refore, he should t have conducted disqualification proceedings. 

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