Former AAP MLA Kartar Singh Tanwar moves to HC challenging his disqualification from Assembly

New Delhi [India], October 16 (ANI): Former AAP MLA Kartar Singh Tanwar has challenged his disqualification from the Delhi Legislative Assembly by the Speaker to the Delhi High Court. He was disqualified on September 24 by the speaker.

Various newspapers, had reported that Kartar Singh Tanwar has joined the Bhartiya Janta Party.

The petition is listed for hearing before the bench of Justice Sanjeev Narula on October 18.

Tanwar has challenged the order of September 24 by the Speaker disqualifying him and sought a direction to set aside the order. A petition has been moved through Advocates Neeraj and Satya Ranjan Swain.

It is stated by the petitioner that the disqualification order was passed in haste without affording an opportunity for a personal hearing to the petitioner. Besides, the order is cryptic and non-speaking in nature.

The petitioner has sought to set aside the disqualification order of September 24 passed by the Speaker disqualifying Tanwar from the membership of the Delhi Legislative Assembly. Kartar Singh Tanwar was a Member of the Legislative Assembly (MLA) of NCT of Delhi, and he contested the general election to the Legislative Assembly of NCT of Delhi, held on February 2, 2020, under the symbol of the Aam Aadmi Party.

The petitioner was a MLA for the second term and he represented the Chhatarpur constituency. On February 12, 2020, being elected, the petitioner took oath on February 24, 2020, as a member of the Legislative Assembly of the NCT of Delhi.

The petition stated that the Speaker of the Delhi Assembly, after taking cognisance of the disqualification petition filed by respondent MLA Dilip Kumar Pandey, issued a notice on August 7 and the petitioner was directed to submit his comments on the petition on or before 5:00 PM on August 19.

The Speaker had also directed that this matter would be taken up on 21.08.2024 at 3:00 PM in the Office of the Hon’ble Speaker of the Legislative Assembly and a personal hearing would be afforded to the petitioner, the plea stated.

It is stated that the speaker issued a notice on 16.08.2024 to the petitioner, and the personal hearing of the petitioner was postponed till further communication and he was directed to appear for a personal hearing on 21.08.2024.

The petitioner, in its reply dated September 3, denied all the allegations levelled upon him as they were false, incorrect and farther from the truth, it added. It is further stated that the petitioner was thereafter again issued a notice dated 17.09.2024 and he was directed to appear in person on September 20 at 4:30 PM in the office of the Speaker, Legislative Assembly, Delhi and justify his stand.

The petitioner, by way of his letter of September 20, wrote to the Deputy Secretary of Legislation requesting him to adjourn the matter and list it after two weeks as he has been hospitalised and is suffering from low blood pressure, the plea said.

The petitioner has claimed that the doctors have advised him not to undertake any kind of physical activity. The speaker failed to consider the request of the petitioner and, through a letter dated September 20, directed him to appear on September 24 despite being aware of the fact that he is under severe medication.

The petitioner stated that he immediately wrote to him that though he has been discharged from the hospital to attend the personal hearing, the doctors have advised him not to indulge in any physical work as the same may lead to exhaustion and undue stress.

It is stated that the petitioner had also enclosed the medical prescription issued by the Max hospital and sought further indulgence of at least two weeks to appear before the Speaker. The speaker failed to consider the plight of the petitioner and passed the impugned order dated September 24, disqualifying the petitioner.