Following the directive from the Supreme Court, the Andhra Pradesh High Court took up hearing of the YCP leader RK Roja's petition on her suspension from the AP State Assembly for 1 year at 12 noon on Wednesday.
The Roja case was taken up on an emergency basis. Roja had pleaded that she be allowed to participate in the current Budget session of the assembly.
After recess, the hearing continued after 2.30 pm by the bench headed by Chief Justice Dilip Babasaheb Bhosale. The case was transfered to another bench.
Counsel for Roja argued that the State Assembly had no powers to suspend a member for 1 year. Under Section 340(2), such suspension was invalid.
Besides, under Section 340(1), it's mandatory to name the MLA's name, but her name was not mentioned in the suspension order.
Under Rule 55, the suspension order must be scrutinized by the Speaker, which was not done.
Counsel said the Roja suspension was done paying no heed to the rules.
When the People representative's rights were violated, the court had the jurisdiction to hear the appeal.
The handing of the Roja suspension order also showed disregard of the Assembly rules.
Counsel brought to the notice of the court the suspension on Rajaram Pal by the Tamil Nadu Assembly, also for 1 year. The suspension order was subsequnetly recalled.
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