Lawstreet Journal

“Worse than Exclusion; Penalty On Constituency”: Supreme Court on Suspension 12 BJP MLA’s In Maharashtra Assembly For One Year

Lawstreet Journal 14 Jan 2022 1:06am

Image courtesy: Lawstreet Journal Judiciary “Worse than Exclusion; Penalty On Constituency”: Supreme Court on Suspension 12 BJP MLA’s In Maharashtra Assembly For One Year

On 11th January 2022 the Hon'ble Supreme Court in the case of Ashish Shelar And Ors. V. Maharashtra Legislative Assembly And Anr, Writ Petition, Civil Case No. 797/2021expressed interest in reviewing the Maharashtra Legislative Assembly's decision to suspend 12 BJP MLAs for one year for suspected misbehaviour on July 5, 2021, because the duration of suspension was excessive.

The one-year ban was "worse than expulsion," according to a bench consisting of Justice AM Khanwilkar and Dinesh Maheshwari because the constituency remained unrepresented. If someone gets expelled, there is a procedure in place to fill the position. The one-year suspension will be considered a punishment for the constituency.

As per the Constitutional laws, Article 190 of the Indian Constitution, 1950, deals with the parliamentary vacation of seats. An individual may not serve in both houses of a state's legislature. That person's seat in the Legislatures of all such States shall become vacant after the expiry of such period as the President may specify in rules promulgated by him. A member's seat may be declared vacant if he or she is absent from all House meetings for a period of sixty days so, the legislative Assembly does not have the authority to suspend a member for more than 60 days.

This is a far worse decision than punishment. When these constituents are not present in the House, no one can represent them... "This is punishing the constituency as a whole, not just the member," Justice Khanwilkar said.

It states that "no one can serve in both houses… Continue Reading...

Tagged: Supreme Court of India   BJP leaders  
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