Chandigarh, Mar 17 (PTI) The Haryana Assembly on Friday passed a resolution to ignore a high court notice seeking a response from the Vidhan Sabha secretariat on a petition challenging the INLD member Abhay Singh Chautala’s two-day suspension from the House last month.
It called the Punjab and Haryana High Court notice “an interference” in the functioning of the state legislature.
The Indian National Lok Dal MLA had approached the court after Speaker Gian Chand Gupta on February 21 suspended him from the assembly over his behaviour during the proceedings.
The Punjab and Haryana High Court had last month sought a response from the Haryana Vidhan Sabha secretariat on a plea by Chautala contending that the Speaker did not act in accordance with the Rules of Procedures and Conduct of Business in the Assembly.
The HC has posted the matter for further hearing on March 23.
Moving the resolution on the floor of the Assembly on Friday, Haryana Parliamentary Affairs Minister Kanwar Pal said, “On February 21, Abhay Singh Chautala interrupted the House’s proceedings and violated rules of proceedings by indulging in disrespectful behaviour”.
The minister said, Chautala filed a petition before the high court challenging the order regarding which notice was received in the Haryana Vidhan Sabha secretariat, “which is not according to Article 212 of the Constitution of India. There are several judgements of Supreme Court and High Courts as per which the Courts cannot inquire into proceedings of the state legislature”.
“Thus, I propose that the notice issued by the High Court should not be accepted because it is an interference in the functioning of the state legislature. Thus, this notice should be ignored and a reply should not be submitted,” Pal said.
The speaker later said Article 212 says courts should not inquire into proceedings of the Legislature.
He further said the validity of any proceedings in the legislature of a state shall not be called in question on the ground of any alleged irregularity or procedure, pointing out this is provided in the constitution.
The resolution was put to a voice vote and passed by the House.
On some concerns raised by opposition members, the Speaker said, “This resolution is not against anyone”.
The Speaker further said, “We respect the judiciary and we will abide by its decision (in Chautala’s matter)”.
Speaking on the resolution, Chautala said the Speaker can only suspend members for one sitting and if he has to suspend for a longer duration then a motion has to be brought in the House which was not done in his case.
“I went to court as rules were not followed for my suspension. I could not have been suspended for two days,” said Chautala.
The Speaker told the INLD member that he had been named for two days and not suspended from the House. “There is a difference between being named and suspended”.
The Speaker also read out some judgements of the apex court and high courts, seeking to draw the attention of the House regarding the resolution which had been put up.
He mentioned an apex court judgment, wherein he said a bench of eight judges of SC held that the validity of the proceedings inside the legislature of a state cannot be called into question on the allegation that the procedure laid down has not been strictly followed.
Before the resolution was put to vote, Leader of Opposition Bhupinder Singh Hooda said there was no need to bring a resolution and added “reply should be given before the court”. PTI SUN VSD RHL
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