Suspension of BJP MLAs from Maharashtra Assembly ‘worse than expulsion’: SC

Tribune News Service

New Delhi, January 11

Terming the suspension of 12 BJP MLAs from Maharashtra Legislative Assembly for a year as “worse than expulsion”, the Supreme Court on Tuesday said it created a constitutional void as the constituencies concerned remained unrepresented in the House.

“We will accept the arguments of Mr (Siddharth) Bhatnagar that this decision is worse than expulsion. This suspension for one year is worse than expulsion. The consequences are so dreadful,” a Bench led by Justice A M Khanwilkar said, endorsing the argument of the counsel representing some of the petitioners.

Noting that there was a statutory obligation to fill in a seat within six months, the Bench said, “You can’t create a constitutional voidhellip;a hiatus situation for the constituency. And, it is one constituency or 12 constituencies, makes no difference. Each constituency has an equal right to be represented in the House.”

The House has power to suspend a member but not for a period of beyond 59 days, the top court said while hearing petitions filed by 12 BJP MLAs against their one-year suspension from the assembly for allegedly misbehaving with the presiding officer.

The one-year suspension was not about punishing the member, but the constituency as a whole, it noted.

Twelve BJP MLAs were suspended from the Assembly for a year after the Maharashtra Government accused them of misbehaving with Presiding Officer Bhaskar Jadhav in the Speaker’s chamber on the first day of the monsoon session on July 5 last year.

The suspended BJP MLAs 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.

Referring to Article 190 (4) of the Constitution, it said if for a period of 60 days, a member of a House, without its permission, was absent from all meeting, the House may declare his or her seat vacant.

“In the facts of the present case, we will say enough is enough in two pages. We don’t have to elaborate much about this case,” it said.

The Bench posted the matter for further hearing on January 18 after Maharashtra counsel said he would get back to the court.

The Supreme Court had on December 14 issued notice to the Maharashtra Legislative Assembly on BJP MLAs’ petition challenging their suspension from the House for a year.