SC Cancels One-Year Suspension Of 12 BJP MLAs From Maharashtra Assembly
Mumbai: Supreme Court on Friday cancelled the one-year suspension of 12 BJP MLAs from the Maharashtra Legislative Assembly, and termed the suspension “unconstitutional and arbitrary”.
Maharashtra Assembly Speaker in-chair Bhaskar Jadhav in July 2021 had suspended the MLAs from the House for a year, over alleged unruly behaviour.
Setting aside the suspension, the Supreme Court termed the decision as ‘unconstitutional and arbitrary’, and said that the July 5, 2021 resolution of the Maharashtra Assembly was “illegal” and “beyond the powers of the Assembly”.
The apex court in its order said, “The proposal to suspend 12 BJP MLAs of Maharashtra Legislative Assembly after the period of the remaining session held in July 2021 is unconstitutional.”
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It is noteworthy that the BJP MLAs were suspended for one year for allegedly misbehaving with the presiding officer. Later BJP MLAs challenged his suspension in the apex court. The 12 suspended BJP MLAs were Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkalkar, Parag Alwani, Harish Pimple, Ram Satpute, Vijay Kumar Rawal, Yogesh Sagar, Narayan Kuche and Kirtikumar Bangadia.
The top court had last week reserved its verdict in the matter after 12 MLAs moved the Supreme Court challenging their suspension from the Assembly for alleged indecent conduct.
Senior advocate Mukul Rohatgi, representing some of the petitioners in the court, had said during the hearing, “The decision of the House without hearing lacks natural justice and is extremely irrational. They cannot police an MLA for one year… This is arbitrary.”
Senior advocate Mahesh Jethmalani, appearing for some of the other petitioners, also submitted that the suspension should have been for discipline.
During the arguments, a bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar had held that the suspension of the 12 MLAs was prima facie unconstitutional.
After the top court order, the BJP MLAs will now be entitled to all consequential benefits after the conclusion of the session in July, last year.
(With Agency Inputs)
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