"Chief Minister Arvind Kejriwal wants to retain disqualified legislator from Najafgarh, Kailash Gahlot, in the House illegally. They (BJP MLAs) will meet the President, the L-G and the Home Minister to complain against this illegal act of the Government.
"They will raise this issue in the House again on March 19. They will also go to court against this illegal act of the government," Gupta said in the press statement.
Citing Rule 43 (2) of The Government of National Capital Territory of Delhi Act, 1991, Gupta claimed that it is clearly stated in the said rule that a minister, who for any period of six consecutive months is not a member of the legislative assembly, will, at the expiration of that period, cease to be a minister.
"It is nowhere written in the Rules of Procedure that a Member of Legislative Assembly, who is declared disqualified from being member of the assembly, could hold the ministerial position for six months. The government wants to retain Gahlot by acting absolutely illegally and immorally," the statement alleged.
However, the Speaker Goel, citing constitutional rules, yesterday clarified that the minister could attend the assembly proceedings for six months from the date of disqualification.
"I would like to clarify that as per Section 43 (2) of the NCT Act, he (Gahlot) can continue as a minister for six months without being a member of the House. As far as his role is concerned, that too has been provided in section 11 of the Act which states that he can participate in the proceedings of the Assembly and committees.
"Thus, there are no grounds to prevent Kailash Gehlot from continuing as a minister," Goel had said in the House.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)