Legal Topics

Supreme Court reserves order on suspension of 12 MLAs from Maharashtra Assembly

The Supreme Court on Wednesday reserved judgement in petitions difficult the one-year suspension of 12 Bharatiya Janata Party (BJP) MLAs for their alleged ‘misbehaviour’ with the Maharashtra Legislative Assembly Speaker.

A Bench, headed with the aid of Justice AM Khanwilkar, and additionally comprising Justice Dinesh Maheshwari and Justice CT Ravikumar, found that suspension of an MLA for one yr was once worse than expulsion, as they may want to neither are looking for re-election nor characterize their constituency in the Assembly.

Senior Advocate Aryama Sundaram, representing the State of Maharashtra, argued that the act of suspending a member from the Assembly for one yr was once no longer barred by using the Constitution. He referred to Article 190(4), which said that the seat would solely be viewed vacant, if the member was once absent from 60 conferences of the House, now not calendar days.

He in addition argued that the Court need to solely intrude in the commercial enterprise of the House on account of gross illegality.

He submitted that the scope of judicial evaluation varied, relying on the subject. However, the one area place the judiciary “does no longer tread” due to a separation of powers, used to be the working of the House.

Senior Advocate Mahesh Jethmalani, acting for one of the MLAs, referred to the Privy Council judgment in the Australian case of Taylor vs Barton. He insisted that the period of any disciplinary motion should solely prolong to the give up of the session.

“On prorogation, all payments lapse, so all disciplinary movements additionally lapse…The longer you lengthen the sentence, the nearer you go to perversity,” he submitted.

Appearing for any other of the suspended MLAs, Senior Advocate Mukul Rohatgi argued that the one-year suspension lacked rationality.

“Democracy is the simple structure. No doubt you [the House] set the rules, you’re the grasp of your House, however, you don’t have to do it in cut up second. This is illegal, unviable and arbitrary. It can be at once struck down for being arbitrary, like in the case of Shreya Singhal,” he submitted.

After listening to the arguments, the Court gave one-week time to the worried Counsels to file written notices and reserved its order in the matter.

The suspended MLAs blanketed Ashish Shelar, Dr Sanjay Kute, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Harish Pimple, Jaikumar Rawal, Yogesh Sagar, Narayan Kuche, Bunty Bhangdiya, Parag Alwani and Ram Satpute. They had been suspended from the Maharashtra Legislative Assembly for allegedly abusing and manhandling Speaker Bhaskar Jadhav in his chamber on the first day of the Monsoon session.

The petitioner MLAs had challenged their suspension claiming violation of Article 14 and ideas of herbal justice. They claimed to have tendered an apology to the Speaker, whilst categorically denying the use of foul language and accusations of manhandling. They had sought CCTV photos of the incident in question, however, had been refused to utilize the Deputy Speaker, citing House rules.

Along with Jethmalani and Rohatgi, Senior Advocates Harish Salve, NK Kaul and Siddharth Bhatnagar represented the petitioner MLAs alongside with Advocates-on-Record Siddharth Dharmadhikari, Abhikalp Pratap Singh and Utsav Trivedi.

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