A bench of Justices J Chelameswar and S A Nazeer observed that Sehrawat has filed the petition “only in anticipation” and no cause of action has arisen at this stage.
The counsel representing Sehrawat argued that he should be declared an independent MLA if he is disqualified by AAP and that the Speaker of Delhi assembly should be restrained for entertaining disqualification proceedings against him in the event of his expulsion by the party.
In his petition, the MLA said he was one of the founding members of Aam Aadmi Party (AAP) and, as per media reports, he was “suspended” by the party on disciplinary grounds without any notice being served upon him.
His lawyer said an MLA can be disqualified only if he voluntarily gives up the membership or does not vote as per the party whip in the assembly.
“I (Sehrawat) am seeking some protection if disciplinary proceeding is initiated and I am disqualified. In the event of my disqualification, my status should be of an independent legislator,” his counsel said.
To this, the bench said, “no cause of action arises right now. It is only an anticipation”.
Sehrawat, an MLA from Bijwasan assembly constituency, claimed before the apex court that the party had come to power in Delhi by making various promises to the voters which were not fulfilled.
“Lots of corruption matters have come to light. I have written to the Chief Minister and Lieutenant Governor about them but no action has been taken till date,” the counsel said.
He claimed that some statements were made by party members that Sehrawat might be disqualified as an MLA following which he had written to the Speaker, but till date, he has not received any response.
Sehrawat has said in his plea “though no official letter or communication of his suspension has been served upon him, but the party has completely boycotted and sidelined him, by not inviting him to any of the meetings” and every effort was being made to tarnish his image in his constituency.
“The fundamental right to speech and expression guaranteed under Article 19 (1) (a) of a duly elected member of the Delhi Legislative Assembly is being violated and suppressed by insinuation of disqualification from the Assembly membership,” his plea said.