Maharashtra: JP Nadda Hails SC Order Quashing 1-Year Suspension Of BJP MLAs From State Assembly

Maharashtra BJP MLA Suspension: BJP president JP Nadda today hailed the Supreme Court's order quashing the Maharashtra assembly decision to suspend 12 BJP MLAs from the House for one year.

File Photo: PTI

New Delhi: Bharatiya Janata Party (BJP) president JP Nadda on Friday welcomed Supreme Court's order that quashed Maharashtra assembly decision to suspend 12 BJP MLAs from House for one year declaring it as 'unconstitutional' and 'irrational'.

Today, SC has set aside a suspension of 12 BJP MLAs from Maharashtra Legislative Assembly for a year, declaring it 'unconstitutional and arbitrary'.

According to PTI reports, the BJP chief said that the party will continue to raise its voice against Maharashtra's Maha Vikas Aghadi government.

He also said that the party will always fight for the people's rights in line with the constitution and democracy.

BJP president J P Nadda welcomes SC order that held Maharashtra assembly decision to suspend 12 BJP MLAs from House for one year as 'unconstitutional' and 'irrational'

— Press Trust of India (@PTI_News) January 28, 2022

While reacting to the verdict, former Maharashtra chief minister Devendra Fadnavis also 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.

𝐒𝐀𝐓𝐘𝐀𝐌𝐄𝐕𝐀 𝐉𝐀𝐘𝐀𝐓𝐄 !
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. #12MLAs #Maharashtra #BJP https://t.co/10ZXurxtya

— Devendra Fadnavis (@Dev_Fadnavis) January 28, 2022

On January 19, a three-judge Bench led by Justice AM Khanwilkar reserved its verdict on a petition filed by the BJP MLAs challenging their suspension - ruled that the suspension could have only been for the ongoing monsoon session in July 2021.

"We have 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 the benefits of Members of Legislative Assembly,” the Bench said.

On July 5, 2021, twelve BJP MLAs were suspended from the Maharashtra Legislative Assembly for a year after the state government accused them of misbehaving with Presiding Officer Bhaskar Jadhav in the Speaker's chamber on the first day of the monsoon session.

BJP MLAs who were suspended are Dr Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Harish Pimple, Jaikumar Rawal, Yogesh Sagar, Narayan Kuche, Bunty Bhangdiya, Parag Alvani and Ram Satpute.

Meanwhile, the top court has come forward and said that the resolutions passed by the Maharashtra Assembly were beyond its powers.

The apex court also questioned the rationale behind the Maharashtra Legislative Assembly’s decision to suspend 12 BJP MLAs saying the purpose behind the decision should have something to do with the session.

"There should be some purpose of suspension and the purpose is with regards to the session. It should not travel beyond that session. Anything other than this would be irrational. The real issue is about the rationality of the decision and the same should be for some purpose,” it had said.

"Your decision of suspension for one year is irrational because of the deprivation of the constituency…being unrepresented for more than six months. We are talking about the spirit of parliamentary democracy. It’s the interpretation of the Constitution in the manner it ought to be dealt with," it had said, asserting that the Supreme Court was supreme in interpreting the Constitution, not the Legislature.

Taking cognisance of the matter, the court also said that such long-term suspensions could be misused by a government having a razor-thin majority for its survival.