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INLD MLA Abhay Chautala moves HC against Haryana Speaker’s order
Claims Speaker Gian Chand Gupta’s order to temporarily remove him from assembly violated rules as the motion to suspend him was not brought in the House
The lone INLD MLA in the Haryana assembly Abhay Singh Chautala on Wednesday filed a petition in the Punjab and Haryana high court, seeking the setting aside of Speaker Gian Chand Gupta’s order on Tuesday to name and remove him from the House for two days for “disorderly conduct”.
The plea will be taken up by the bench of justice Vinod S Bhardwaj on Thursday.
Hindustan Times in its report published on Wednesday stated that the naming of the INLD MLA did not seem to be in accordance with the Rules of Procedure and Conduct of Business in the Haryana legislative assembly as a motion (a proposal) to suspend him was not brought in the House.
The Speaker had on February 21 named and removed Chautala for two days from the House after he entered into an argument with him over the deferral of a calling attention motion.
Naming a member as per the Westminster model of the parliamentary procedure entails authorising the Speaker to temporarily remove a member of the House for violating the rules of conduct of the assembly or the Parliament.
Abhay Singh’s plea before the high court said he was speaking in the House during the Zero Hour and the Speaker acted in violation of Rules of Conduct of the Haryana Vidhan Sabha and named him for two days which is illegal and unconstitutional.
“The speaker has violated the rule 104-B of Haryana Vidhan Sabha as per which if the member is named/suspended, a motion is made by the Speaker in this regard,” the petition said.
Due to this decision, the petitioner said, he won’t be able to attend the House, which will affect public causes and issues regarding public problem to be raised by him.
The Speaker had on Tuesday asserted that as per Rule 104, the Speaker shall preserve the order and have all powers necessary for the purpose of enforcing his decision on all points of order.
“So, I have the powers under Rule 104 to enforce my decisions,” he had told HT.
However, in the HT report carried on Wednesday, experts had maintained that as per Rule 104-B, the Speaker can name a member of the House who disregards the authority of the chair or abuses the rules of the House by persistently and wilfully obstructing the business on a motion being made forthwith.
The rule says that the Speaker shall put the question that the member (naming him) be suspended from the service of the House for a period not exceeding the remainder of the Session.
