SC strikes down 12 Maharashtra BJP MLAs’ suspension as unconstitutional


The Supreme Court on Friday held that a resolution suspending 12 Bharatiya Janata Party legislators from the Maharashtra legislative assembly beyond the period of the remainder of the session held in July 2021 is ”unconstitutional” and ”irrational”.

IMAGE: Bharatiya Janata Party MLAs stage a protest on the first day of the winter session of Maharashtra state legislature, at the state assembly, in Mumbai, December 22, 2021. Photograph: ANI Photo.

The apex court delivered its verdict on the pleas filed by the 12 BJP members of the legislative assembly who had challenged their one-year suspension from the state assembly for allegedly misbehaving with the presiding officer

 

”In conclusion, we have no hesitation in allowing these writ petitions and the impugned resolution suspending these members beyond the period of the remainder of the concerned Monsoon session held in July 2021 is non-est in the eyes of law, nullity, unconstitutional, substantially illegal and irrational,” a bench headed by Justice A M Khanwilkar said.

”The impugned resolution is thus declared to be ineffective in law in so far as the period beyond the stated session in which the resolution came to be passed,” the bench said.

The 12 suspended members are Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Parag Alavani, Harish Pimpale, Yogesh Sagar, Jay Kumar Rawat, Narayan Kuche, Ram Satpute and Bunty Bhangdia.

These MLAs had filed petitions in the apex court challenging the resolution passed by the Assembly to suspend them for one year.

They were suspended on July 5 last year from the assembly after the state government had accused them of misbehaving with presiding officer Bhaskar Jadhav in the speaker’s chamber.



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