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 the disqualification proceedings against them.
A bench of Chief Justice D N Patel and C Hari Shankar said it finds no reason to entertain the appeals of the two MLAs challenging the single judge order and added that it is the prerogative power of the Speaker to decide preliminary objection and disqualification petition together.
"We see no reason to impose any mathematical formula on the Speaker to decide the issue," the bench said.
The two MLAs had challenged the single judge's order dismissing their pleas for a direction to Delhi Assembly Speaker Ram Niwas Goel to recuse from hearing the petition for their disqualification under the anti-defection law.
The single judge, in its July 8 order, had said there was "no infirmity" in the procedure adopted by the Speaker and rejected the MLAs' allegation of bias and their contention that he should have first decided their application for recusal before going ahead with disqualification proceedings.
AAP MLA Saurabh Bharadwaj on June 10 filed the petition seeking their disqualification under the anti-defection law for allegedly joining the BJP.
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