SC Quashes Maha Assembly's 'Unconstitutional' Resolution to Suspend 12 BJP MLAs for a Year, Fadnavis Tweets 'Satyamev Jayate'

The Supreme Court on Friday quashed the Maharashtra Legislative Assembly’s resolution of July 5, 2021, which suspended 12 BJP MLAs for a period of one year for alleged disorderly behaviour in the House.

The Court held that the resolution to suspend the MLAs beyond the session is “unconstitutional”, “illegal” and “beyond the powers of the assembly”. It held that such suspension could be limited only to the ongoing session, which was the Monsoon Session of 2021, Live Law reported.

“We’ve no hesitation in allowing these petitions. The resolutions are malicious in the eyes of law, unconstitutional, illegal, and declared to be ineffective in law. As a result of the stated declaration, petitioners are declared to be entitled to be benefits of Members of Legislative Assembly”, the bench pronounced the operative portion of the order.

The legislators were suspended for a year for allegedly misbehaving with the presiding officer. in the Assembly. A batch of petitions was filed challenging the Maharashtra Assembly’s resolution.

The 12 suspended BJP MLAs were Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkalkar, Parag Alavni, Harish Pimpale, Ram Satpute, Vijay Kumar Rawal, Yogesh Sagar, Narayan Kuche and Kirtikumar Bangdia.

The MLAs will now be entitled to all consequential benefits after the conclusion of the session in July, last year.

During the hearing, the bench had orally observed that the suspension beyond a session was disproportionate and “worse than expulsion”. The bench had opined that such suspension, which exceeds the term of a session, will amount to a punishment of the constituency, as it remains unrepresented in the Assembly. The bench had also remarked that it can be “dangerous to democracy” as well, since it can result in the manipulation of majority in the house when voting on important matters arise.

The bench had pointed out that as per the relevant rules, the Assembly has no power to suspend a member beyond 60 days. In this regard, the bench referred to Article 190(4) of the Constitution which says that a seat will be deemed to have become vacant if a member remains absent in the House without its permission for a period of 60 days, Live Law reported.

Reacting to the verdict, former Maharashtra chief minister Devendra Fadnavis thanked the supreme court. “We welcome & thank the Hon SC for the historic decision of quashing of suspension of our 12 @BJP4Maharashtra MLAs, who were fighting for the cause of OBCs in Maharashtra Legislative Assembly during the monsoon session.

This decision of the Hon SC will save the democratic values & it is a yet another tight slap on the face of MVA Govt for it’s unconstitutional, unethical, unfair, illegal & undemocratic actions & activities Red exclamation mark symbol. I congratulate our @BJP4Maharashtra 12 MLAs for getting justice.”

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