NEW DELHI, June 28: Rebel AAP MLA Devender Sehrawat Friday failed to get any relief from the Supreme Court which refused to entertain his plea challenging a disqualification notice under the anti-defection law issued to him by the Delhi Assembly Secretariat for reportedly joining the BJP.
A vacation bench comprising justices Sanjiv Khanna and B R Gavai observed that the matter related to the disqualification notice issued to the lawmaker is pending before the Assembly speaker and Sehrawat can raise his grievances before him.
“The matter is still pending before the Assembly speaker. Why should we interfere in it,” the bench told Sehrawat’s counsel, adding, “go before the speaker”.
After the bench said it was not inclined to hear the plea, Sehrawat’s counsel withdrew the petition.
The Bijwasan MLA has claimed that he has still not taken the primary membership of the BJP and the disqualification notice issued to him was arbitrary and illegal.
During the hearing, Sehrawat’s counsel said that there is an imminent threat of disqualification and the speaker should be asked not to pass any order in the matter.
“You (Sehrawat) had earlier filed a petition and the cause of action was the same. That petition was dismissed,” the bench told the counsel.
The counsel said at that time, no disqualification notice was issued to Sehrawat.
He said that the issue regarding status of an expelled MLA is pending consideration before the apex court.
“Have you (Sehrawat) been expelled or not, we do not know. Even you do not know. You are saying you were suspended, not expelled,” the bench observed.
To this, the counsel said Sehrawat has been sidelined from the party for the last four years and he was not called for party meetings.
The complaint against the MLA is based upon media reports that he has joined the BJP, the counsel said.
“You answer this before the speaker. The issue pending before us (apex court) is different. It is about those who are expelled from a party but have not joined any other party or floated any party,” the bench said.
“The complaint against you (Sehrawat) is not on the ground of expulsion but on the ground that you have joined other political party,” the bench said.
The top court said if the speaker will pass any order in the matter, Sehrawat will have the legal remedy available to challenge it.
Besides Sehrawat, the Delhi Assembly Secretariat has also issued notice to another rebel AAP MLA Anil Bajpai, who represents the Gandhi Nagar constituency, after the party moved a petition seeking their disqualification under the anti-defection law for joining the BJP.
AAP spokesperson and MLA Saurabh Bhardwaj had filed a complaint against the two MLAs, seeking their disqualification.
Sehrawat and Bajpai were on Tuesday given a week’s time by the Delhi Assembly Speaker to submit their replies. (PTI)
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