Delhi BJP MLAs on Tuesday moved the High Court seeking to restrain Transport Minister Kailash Gahlot from attending the ongoing Assembly proceedings as he has been disqualified as an MLA for holding office of profit.
The four BJP MLAs — Vijender Gupta, O.P. Sharma, Jagdish Pradhan and Manjinder Singh Sirsa — sought the court’s intervention saying that the Speaker’s decision to permit Mr. Gahlot to sit in the House is contrary to the Constitution and the 1991 NCT of Delhi Act.
They have submitted that once an MLA has been disqualified by the Election Commission, he or she cannot continue under any circumstances. The MLAs had earlier protested against Mr. Gahlot’s presence in the House on the first day of the budget session of the Delhi Assembly, which started on March 16 and will end on March 28.
The Election Commission had on January 19 recommended disqualification of 20 AAP MLAs for holding office of profit. The President had accepted the poll panel’s opinion the very next day.
The AAP MLAs have challenged their disqualification order in the High Court, which is yet to pronounce the judgment. The High Court has agreed to hear the case on Wednesday.