Justice Khanna brushed aside the plea by Sherawat’s lawyer, who urged the court to restrain the Speaker from passing any order on disqualification.
New Delhi: The rebel Aam Aadmi Party (AAP) lawmaker in Delhi Assembly, Devendra Sherawat, who had crossed over and joined BJP, will continue to face disqualification proceedings under the anti-defection law as the Supreme Court on Friday rejected his plea seeking quashing of proceedings initiated by the Speaker on a complaint by AAP.
Refusing to interfere in the disqualification proceedings initiated by the Delhi Assembly Speaker on a complaint by AAP, a vacation bench of Justice Sanjiv Khanna and Justice BR Gavai noted that Mr Sherawat had earlier filed an identical petition that was dismissed.
Mr Sherawat’s lawyer told the court that earlier the petition was filed in the face of “imminent threat of his disqualification.” However, now the proceedings for his disqualification have commenced under the anti-defection law.
Noting that the matter relating to Mr Sherawat’s disqualification was still pending before the Speaker, the court said that it was not going to say anything and asked him to go to the Speaker.
Justice Khanna brushed aside the plea by Mr Sherawat’s lawyer, who urged the court to restrain the Speaker from passing any order on disqualification.
As the lawyer sought parity with another similar case involving former Samajwadi Party leader Amar Singh relating to the status of expelled members vis-a-vis anti-defection law, Justice Khanna disagreed and pointed out that in Mr Singh’s case, he was expelled but he had not joined any other political party.
This is not the case with Mr Sherawat as he has already joined BJP, he said.