Congress's Mallikarjun Kharge today said that the suspension of 12 opposition members were against the rules of Rajya Sabha. In a letter to Rajya Sabha chairman Venkaiah Naidu, Mr Kharge contended that it as "unprecedented excessive action" for the events of August 11, the last day of parliament's Monsoon Session.
The MPs have been suspended for the whole of Winter Session. The suspension motion said they willingly committed "unprecedented acts of misconduct, contemptuous, violent and unruly behaviour and intentional attacks on the security personnel".
Mr Kharge said the suspension was in violation of Rule 256(1) of the Rules of Procedure and Conduct of Business in the Council of States.
"It is wrong to assume that the motion was passed by the House, as the entire Opposition was opposed to the motion and therefore (it) cannot be the consensus of the House," the letter read.
The suspended members, Mr Kharge further wrote, were denied any opportunity to present their case, required under the principle of natural justice.
Further, under Article 83 of the Constitution, "the Council of states is a continuous house unlike the House of People", which is adjourned and prorogued for convenience, he wrote.
In this case, the monsoon session was prorogued by the President of India on August 31. "If the House was only adjourned without any prorogation, the argument of continuity would merit any justification," the letter read.
Mr Naidu has said he is not considering Mr Kharge's appeal as the suspended MPs have not shown any remorse, but on the contrary, justified their acts.
"You try to mislead the House, you disturb the House, you ransacked the table, you also threw papers on the chair and also some of them have got on to the table and then you are giving me lessons. This is not the way," he said.
"I don't think the appeal of the Leader of the Opposition is worth considering. I am not considering it at all," he was quoted as saying by news agency Press Trust of India.
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