Leader of Opposition in the Delhi Assembly Vijender Gupta today said that BJP MLAs will meet President Ram Nath Kovind and even go to court against the AAP government for allowing Transport Minister Kailash Gahlot in the House despite his disqualification in the office-of-profit case.
In a statement, Gupta said that the opposition legislators will also meet Union Home Minister Rajnath Singh and Lt Governor Anil Baijal to complain about the Arvind Kejriwal government over the issue.
Yesterday, all four BJP MLAs were marshalled out of the Delhi Assembly following the direction of Speaker Ram Niwas Goel as they entered the well of the House in protest against Gahlot's participation in the House proceedings, saying "only elected" members should be allowed.
"Chief Minister Arvind Kejriwal wants to retain disqualified legislator from Najafgarh, Kailash Gahlot, in the House illegally. They (BJP MLAs) will meet the President, the L-G and the Home Minister to complain against this illegal act of the Government.
"They will raise this issue in the House again on March 19. They will also go to court against this illegal act of the government," Gupta said in the press statement.
Citing Rule 43 (2) of The Government of National Capital Territory of Delhi Act, 1991, Gupta claimed that it is clearly stated in the said rule that a minister, who for any period of six consecutive months is not a member of the legislative assembly, will, at the expiration of that period, cease to be a minister.
"It is nowhere written in the Rules of Procedure that a Member of Legislative Assembly, who is declared disqualified from being member of the assembly, could hold the ministerial position for six months. The government wants to retain Gahlot by acting absolutely illegally and immorally," the statement alleged.
However, the Speaker Goel, citing constitutional rules, yesterday clarified that the minister could attend the assembly proceedings for six months from the date of disqualification.
"I would like to clarify that as per Section 43 (2) of the NCT Act, he (Gahlot) can continue as a minister for six months without being a member of the House. As far as his role is concerned, that too has been provided in section 11 of the Act which states that he can participate in the proceedings of the Assembly and committees.
"Thus, there are no grounds to prevent Kailash Gehlot from continuing as a minister," Goel had said in the House.
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