Delhi HC stays order on Binny not following AAP whip

Granting interim protection to expelled Aam Aadmi Party (AAP) legislator Vinod Kumar Binny, the Delhi High Court Wednesday stayed an order by Speaker M.S. Dhir that directed him to follow the party's decisions.

Justice Manmohan, staying the speaker's letter issued Feb 3, said the petitioner's rights should not be curtailed.

"In fact, this court is of the view that the petitioner (Binny) is entitled to parity with the decision in the Amar Singh and Jayaprada case passed by the apex court," he said, staying the letter till the next date of hearing.

The court relied upon the 2010 order of the Supreme Court in which it had protected former Samajwadi Party leaders Amar Singh and Jayaprada from disqualification as members of parliament after they were expelled by the party.

The court also issued notice to the AAP for March 4 while seeking its response on the plea. Binny will not have to follow the party whip till the plea is decided.

Binny - elected from Laxmi Nagar assembly constituency - moved the court, seeking that it declare him an Independent member of the legislature and also to stay the speaker's letter and whip issued by the AAP against him.

Advocate Zubeda Begum, appearing for the assembly speaker, opposed the plea saying it was premature. She said there was no imminent danger to Binny because the assembly was in suspension.

Binny, through his counsel Rahul Raj Malik, argued that when he stood expelled from the AAP, why should he be bound by the directions of the party.

"They (AAP) compelled me to vote in their favour during those (assembly) days. When I was expelled, I don't enjoy the privileges as enjoyed by other members of the party. But I have to follow the diktat of the party. They issued two whips (Feb 13 and 14) compelling me to come and vote," he said.

Filing the plea, Binny said he joined the AAP in 2013 and on various instances raised his grievances with the then chief minister Arvind Kejriwal on issues relating to wilful inaction regarding introduction of promised policies in the manifesto.

The plea said Binny, through a press conference, expressed concern over the issue, following which he was expelled from the party. His membership was also terminated by the party's disciplinary action committee through a letter dated Jan 26.

It said the termination changed the status of Binny to that of an Independent member.

The petition further said that Binny sent a letter to the Delhi assembly speaker Feb 3, seeking clarification on the status of his assembly membership and his right to vote.

The speaker's reply Feb 11 was that Binny's claim was "devoid of any merits, grossly illegal, unjustified and in violation of democratic rights of an MLA".

Binny sought to know that since he was expelled by the AAP and had not voluntarily resigned, would he still belong to the same party and have to follow its whip.