New Delhi: A designated standing counsel has been appointed in a case pertaining to the status of the expelled Aam Aadmi Party (AAP) MLA Vinod Kumar Binny, the Delhi High Court was today informed The information was given in an RTI application filed with the Delhi legislature by Binny, who had objected to the appearance of advocate Ramesh Mishra for both Delhi Legislative Assembly's Speaker and AAP.
It was submitted before Justice Vibhu Bakhru that Binny had received the reply through an RTI that advocate Mishra can appear on behalf of Speaker and AAP, “as the matter pertains to Speaker, Delhi Legislative Assembly”.
“With the approval of the Department of Law, Justice and Legislative Affairs advocate Mishra has been appointed,” the RTI reply states.
The MLA was also told that Delhi Government's standing counsel Zubeda Begum has not been asked to restrain herself from appearing in the case.
Meanwhile, Binny's counsel Rahul Raj Malik urged the court to place on record the RTI reply, which was allowed.
On February 19, Justice Manmohan, while seeking response from the office of the Speaker of the house which is under suspended animation after Chief Minister Arvind Kejriwal put in his papers, had stayed the operation of Speaker M S Dhir's letter that had said that Binny continued to be a member of AAP despite his expulsion.
During the proceedings, AAP's counsel Prashant Bhushan said the petition is “premature” and there is no immediate threat to Binny as the Assembly is in suspended animation.
The court has now fixed the matter for further hearing on October 30.
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.
Earlier, the Delhi Assembly Speaker in its reply has said he has no power under the law to change the affiliation of expelled AAP MLA Binny in the house.
The Speaker's office had said the Supreme Court's order to protect Amar Singh and Jaya Prada from disqualification as MPs after their expulsion from Samajwadi Party will not be applicable in Binny's case.
The Speaker's office had also said Binny, in any case, does not face the danger of disqualification, as he had obeyed the whip on February 12 and moreover, the Assembly is now under suspended animation.
The apex court had in 2010 stayed the operation of its verdict to protect them from disqualification as MPs after they were expelled by Samajwadi Party.
The apex court in the G Vishwanathan verdict had held that an expelled member continued to be part of the party which set him up as a candidate during elections.
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 expelled AAP member has termed the view of the Speaker as “grossly illegal, biased and prejudiced” and has accused him of colluding with the party.
The MLA's counsel had also contended that Binny was pressured and compelled to vote in favour of the party and alleged the Speaker colluded with the AAP in this regard.
