On February 12, Speaker M S Dhir had said that Binny, despite his expulsion from the party, will have to follow the party whip in any transaction of business on the floor of the House. Justice Manmohan considered the apex court 2010 judgement by which expelled Samajwadi Party leaders Amar Singh and Jaya Prada were granted protection against the disqualification and treated them as independent lawmakers.
"In view of the aforesaid judgement, the operation of the letter issued by Assembly Speaker is stayed till next date of hearing, i.e March 4," it said and issued notices to the Speaker of the House and Aam Aadmi Party on Binny's petition.
Binny in his petition has sought that he be declared as an independent legislator and also objected to the whips he was issued on February 12 and 13 to vote in favour of the party in the House.
Binny wanted to be declared as an independent legislator
Elected from the Laxmi Nagar constituency on AAP ticket, Binny has challenged the view taken by Delhi Assembly Speaker that despite his expulsion, he remained an AAP member and would be bound by a party whip. The former AAP member termed the view of the Speaker as "grossly illegal, biased and prejudiced" and has accused him of colluding with the party.
Binny's counsel had on Tuesday contended before the high court that once AAP voluntarily severed ties with him, how can the party issue him commands?
The rebel MLA's counsel had also contended that Binny was pressurised and compelled to vote in favour of the party and alleged the Speaker colluded with the AAP in this regard.
During the proceedings yesterday, the counsel appearing for the Speaker had said that the petition was premature as the Assembly is in suspended animation and there is no immediate threat that Binny would be disqualified. The court, however, had observed that once the disqualification petition is moved in the Assembly then the courts cannot interfere.