The Supreme Court is scheduled to hear on October 16 a plea moved by Aam Aadmi Party (AAP) leader Raghav Chadha, challenging his indefinite suspension from the Rajya Sabha.
In his plea before the apex court, Chadha has argued that his suspension was in clear violation of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) as well as Articles 14 and 21 of the Constitution.
The Rajya Sabha Secretariat and its Chairperson are respondents in the petition filed before the court. The plea contended that there exists a categorical prohibition against the suspension of any member for a period exceeding the remainder of the sessions. He has been suspended since the last hour of the Monsoon Session of Parliament this year.
Chadha submitted that he is not able to attend the meetings of the Standing Committee on Finance and the Committee on Subordinate Legislation, which continue their work even when Parliament is not in session.
The plea said in terms of Article 101(4) of the Constitution, the effect of an indefinite suspension, particularly outside the period of session is to de-facto create a vacancy after a period of sixty days, which also shows the prima facie illegality of the impugned action.
Chadha’s plea contended that a suspension cannot have an effect of expulsion and create a vacancy in the House.
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