No effect on Assembly voting if one Opposition MLA is out: HC

Justice Sanjeev Sachdeva observed this when BJP MLA O P Sharma, who was suspended from the Assembly on March 31 for two sessions, urged the court to allow him to attend the one-day special session of the Assembly scheduled on Friday to discuss a number of issues concerning the national Capital.

“What benefit will be gained by this (AAP) government in keeping these three (Opposition) MLAs or one member of the Opposition out of the Assembly sessions. It will not even have any effect on the voting process of the House,” the court observed orally.

There are three BJP members in the 70-member House, with all the remaining legislators belonging to the AAP. The court refrained from passing an interim order to allow Sharma, suspended from the Assembly for two sessions for allegedly making derogatory remarks against AAP legislator Alka Lamba, from attending the House on Thursday.

It said the matter required consideration and order cannot be passed without hearing the Assembly.

“We gave you (Sharma) four days to put your arguments to satisfy us. I cannot do much at this stage,” the court said.

However, Sharma’s counsel said “Let me sit in the Assembly during the session. I will not even open my mouth. I am ready to vouch for him and even give an undertaking.” 

To this, the Delhi government counsel said it was a fact that Sharma has been suspended for two sessions. “It is immaterial that, into how many parts, each session is divided as this prerogative is of the Delhi Assembly. The scope of judicial intervention is very limited here,” the counsel said. 

Sharma’s counsel, however, said that in an unprecendented manner, the Delhi government has split the sessions into six parts. “This has never happened in the history of the Delhi Assembly,” he submitted during the arguments which would continue on September 16.