Prolonged suspension worse than expulsion as rights of constituents affected: Maharashtra BJP MLAs to SC

Supreme Court. File Pic

Maharashtra BJP MLAs, who have challenged their one-year suspension from Legislative Assembly for allegedly misbehaving with the presiding officer, told the Supreme Court Wednesday that prolonged suspension is worse than expulsion as the rights of the constituents are affected.

A three-judge bench headed by Justice AM Khanwilkar was informed that the duration of any disciplinary action can only extend to the end of the session. "Prolonged suspension is worse than expulsion as the rights of the constituents are affected," senior advocate Mahesh Jethmalani, appearing for one of the MLAs, submitted. Senior advocate Neeraj Kishan Kaul, appearing for some MLAs, said there is nothing to show that one-year expulsion was to safeguard the integrity of legislative functions. Kaul argued that no plenary power can go beyond the constitution and if something suffers from illegality and substantive illegality, it can never be against the constitutional spirit.

Senior advocate Mukul Rohatgi, appearing for a few other MLAs, submitted that the one-year suspension lacks rationality and the decision is grossly irrational. "You cannot police an MLA for one year," Rohatgi said, adding that the decision is illegal and arbitrary. The apex court, which was hearing the pleas filed by 12 BJP MLAs who have challenged their one-year suspension, reserved the order on the pleas filed by them and asked the parties to file their written submissions within a week. The apex court had on Tuesday said suspension from Legislative Assembly for one year should be linked with some purpose and there has to be an "overpowering" reason that the member should not be allowed to even attend the next session.

The 12 BJP MLAs have filed petitions 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. 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.

The motion to suspend these MLAs was moved by state Parliamentary Affairs Minister Anil Parab and passed by a voice vote.

This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever.