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Journalism of Courage
The Delhi High Court Wednesday dismissed the pleas of two AAP MLAs, Anil Bajpai and Col Devender Sehrawat, seeking recusal of the Legislative Assembly Speaker from disqualification proceedings against them, saying it finds no reason to impose any “mathematical formula”, and the Speaker in his “wisdom” can decide the issue.
“The Speaker has all the power and jurisdiction to decide the disqualification petition. It is not obligatory for the Speaker to decide in piecemeal manner, that is, first the preliminary objection raised by the members of the House on the disqualification petition and thereafter, the disqualification petition,” a bench of Chief Justice D N Patel and Justice C Hari Shankar said.
The bench was also not in agreement with the contention of the two MLAs that the Speaker ought to have decided their recusal application first, instead of proceeding further with the disqualification petition against them.
The High Court’s order came on an appeal by the MLAs against the single judge’s July 8 order, by which it had turned down their seeking the “recusal” of Delhi Assembly speaker Ram Niwas Goel from adjudicating anti-defection proceedings against them.
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