Thursday, May 26, 2022

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SC set aside suspension of 12 BJP MLAs from Maharashtra assembly’s resolution

The Supreme Court today set aside Maharashtra assembly’s resolution to suspend 12 BJP MLAs for a year for alleged unruly behavior.

The Apex Court observed that the resolution to suspend the MLAs beyond the sessions is unconstitutional illegal and beyond the powers of the assembly. A bench of Justices AM Khanwilkar, Dinesh Maheshwari, and CT Ravikumar delivered the judgment allowing a batch of writ petitions filed by the 12 MLAs challenging the assembly resolution. During the hearing, the bench had observed that the suspension beyond a session was disproportionate and worse than expulsion. If it was a case of expulsion, there could be a by-election to fill up the vacancy. The bench had opined that such suspension, which exceeds the term of a session, will amount to a punishment of the constituency, as it remains unrepresented in the Assembly. The bench had also remarked that it can be dangerous to democracy as well since it can result in the manipulation of majority in the house when voting on important matters arise.

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