SC refuses to hear MLA's plea against disqualification

The Supreme Court on Friday refused to consider a plea by a Delhi AAP MLA to protect him from an "imminent threat of disqualification" following a notice issued by the Assembly Speaker for allegedly crossing over to the BJP.

A bench of Justices Sanjiv Khanna and B R Gavai told petitioner, Col (retd) Devender Sehrawat to approach the Speaker with his pleadings.

The court rejected his argument that he could not be subjected to anti-defection law because he has been treated as expelled and has been sidelined by the party for the last four years. He also tried to draw parallels with the case of Amar Singh case.

The bench, however, said, "In your case, there is an assertion that you have joined another political party."

"We do not know if you have been expelled. You are also not sure," the bench told his counsel.

The issue that is pending consideration before a larger bench here is whether those who are expelled but not joined any political party, can be subject to the proceedings under the Tenth Schedule of the Constitution, the bench further pointed out.

"There is a complaint is that you have joined a political party. We are not going to say anything. Go before the Speaker. After the final hearing, you may resort to legal remedy," the bench said.

With the court having shown its disinclination to entertain his plea, the counsel preferred to withdraw his plea.

Bijwasan MLA, in his petition, sought a declaration that the provision of Tenth Schedule of the Constitution cannot be applied in his case as he was expelled from the party.

He contended that the apex court had in the case of Amar Singh left the legal question open whether an expelled member of a political party would be subject to proceedings under the anti-defection law.

He maintained that he approached the court to get his fundamental right to freedom of speech, expression and right to dissent protected due to "illegal" action by the Speaker for raising his voice on inactions on various issues.

Delhi Assembly Speaker Ram Niwas Goel had on June 24 issued the disqualification notice under the anti-defection law to Sehrawat and another AAL MLA Anil Bajpai for allegedly switching over to the BJP ahead of the Lok Sabha polls.

The action by the Speaker was initiated on a complaint made by Saurabh Bharadwaj, AAP MLA and party spokesperson. The two MLAs, for their part, maintained they had not filled up the primary membership form of the BJP. Bajpai is MLA from Gandhinagar constituency here.