The Congress is likely to take legal action after three of its Gujarat legislators were suspended from the state Assembly on Wednesday, The Indian Express reported on Friday.

Speaker Rajendra Trivedi suspended Congress MLAs Pratap Dudhat and Amarish Der from the Assembly on Wednesday for three years for allegedly attacking a Bharatiya Janata Party lawmaker in the House while Congress legislator Baldev Thakor was suspended for a year for allegedly disrupting proceedings.

The motion for the suspensions were moved by Deputy Chief Minister Nitin Patel and seconded by minister Bhupendrasinh Chudasama.

“We are awaiting an official notification,” Der told The Indian Express. “Our lawyers are studying the Assembly proceedings.” Der said they were trying to find out how the Speaker could suspend them for “unusually long periods” since the Assembly rules say a member can only be suspended for a session.

“Under the Gujarat Assembly rules, a member of the Assembly cannot be suspended for more than the session,” Leader of Opposition Paresh Dhanani was quoted as saying by The Indian Express. “Sub-section 2 of Section 52 is quite clear...I have brought this to the Speaker’s attention. We are definitely considering challenging it [in court].”

According to Rule 51 of the Gujarat Assembly, the Speaker can “direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the House”. While Rule 52 (1) says the Speaker may name the member who disregards the authority of the chair, Rule 52 (2) adds, “If a member is so named by the Speaker, the Speaker shall forthwith put the question on a motion being made ‘that such member be suspended from the service of the House for ..days’ (any period not exceeding the remainder of the session).”

The Speaker, however, told The Indian Express that “all powers are vested in the Speaker”, and “the courts have no jurisdiction in the matter. Similar action has been taken in the past too.” According to Rule 47(1), “it shall be the duty of the Speaker to preserve order in the House and the Speaker shall have all powers necessary for the purpose”.