The case pertains to Sr advocate Sh Jethmalani’s expulsion from the BJP party in May, 2013 for “breach of discipline”, after he openly criticized the party leadership. The suit had alleged that as per the Constitution of the party, the power to expel a member rested with its disciplinary body, and not its parliamentary board. The disciplinary board, was, however not in existence at the time of expulsion. Mr. Jethmalani had hence urged the Court to declare his expulsion null and void, and had sought damages.