‘Unconstitutional And Irrational’: SC Quashes One-Year Suspension Of 12 BJP MLAs From Maharashtra Assembly

Quashing the suspension, the apex court termed the decision as “unconstitutional, substantially illegal and irrational”.

Supreme Court of India | File Image

New Delhi: The Supreme Court on Friday quashed the one-year suspension of 12 Bharatiya Janata Party (BJP) BJP MLAs from the Maharashtra Assembly.

Quashing the suspension, the apex court termed the decision as “unconstitutional, substantially illegal and irrational”.

“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,” said an apex court bench headed by Justice A.M. Khanwilkar, PTI reported.

“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 apex court bench added.

Earlier in July last year, the 12 BJP MLAs were suspended for one year for allegedly misbehaving with presiding officer Bhaskar Jadhav in the Speaker’s chamber.

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The #SupremeCourt quashed the #Maharashtra Assembly’s resolution to suspend 12 #BJP MLAs for a year for alleged disorderly behaviour in the House.

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- IANS (@IANS) 28 Jan 2022

The alleged misbehaviour took place earlier on July 5 last year.

The motion to suspend the 12 BJP MLAs, including Harish Pimpale, Ram Satpute, Vijay Kumar Rawal, Yogesh Sagar, Narayan Kuche, Kirtikumar Bangdia, Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkalkar, and Parag Alavni,  was moved the same day by Maharashtra Parliamentary Affairs Minister Anil Parab.

The motion was passed by a voice vote.

Former Maharashtra chief minister and Leader of Opposition Devendra Fadnavis had termed the allegation as false and said that the presiding officer’s account of the incident was “one-sided”.

The Leader of Opposition further said that the BJP members had not abused the presiding officer.

The presiding officer had, however, sought a probe into the allegation that some Shiv Sena members and he himself made uncharitable remarks.

Jadhav categorically stated that he was ready to face any punishment if it was proven true.