New Delhi. The Supreme Court had termed the suspension of 12 BJP MLAs from the Maharashtra Assembly for one year as prima facie unconstitutional. Also said that it is worse than ‘expulsion’. The next hearing on the matter is to be held on January 18. The suspended MLAs had filed a writ petition in the apex court last year, appealing to quash the suspension. Now the question arises that for how long an MLA can be suspended. Let us understand this in detail-
Tuesday’s hearing Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar The hearing was held only regarding the period of suspension in the bench. The Bench says that if the constituencies of the elected MLAs do not get representation in the Assembly throughout the year, it will affect the basic structure of the Constitution. The bench referred to Article 190 (4) of the Constitution. It said, ‘If a member of the State Legislature remains absent from all sittings for a period of 60 days without the leave of the House, the House may declare his seat vacant.’
Other than this The Representation of the People Act 1951 Section 151(A) of the Act states that by-elections should be held within 6 months of the vacancy of the post. This shows that no territory can remain without a representative for more than 6 months, except for the exceptions included in this section. The top court had said that the one-year suspension is prima facie unconstitutional as it has crossed the six-month limit. At the same time, it was considered like ‘punishment not only the member, but the entire constituency’.
Also read: Supreme Court raises questions on one-year suspension of 12 BJP MLAs from Maharashtra Assembly
say the rules
Rule 373, 374 and 374A of the Rules of Procedure and Conduct of Business in Lok Sabha provide for the removal of a member for ‘extremely disorderly’ conduct and suspension of anyone who violates the rules of the House and willfully obstructs work. According to these rules, the maximum suspension can be for 5 consecutive sittings or for the remainder of the session.
According to rules 255 and 256, the maximum suspension in the Rajya Sabha should not exceed the remaining time of the session. Similar rules apply to assemblies and councils, in which the maximum suspension should not exceed the remaining time of the session.
what was the matter
During the two-day monsoon session on 5 July 2021, Minister of State Chhagan Bhujwal (NCP) attempted to put a resolution on the table, to which the Leader of the Opposition Devendra Fadnavis (BJP) objected. Since then there has been a ruckus in the house. Many BJP MLAs created a ruckus in the house. During this he also uprooted the mike. Presiding officer and Shivsena MLA Bhaskar Jadhav adjourned the house for 10 minutes. According to media reports, after this some BJP MLAs allegedly reached his room and threatened and misbehaved with him.
After this, Maharashtra Parliamentary Affairs Minister Anil Parab presented a proposal to suspend 12 BJP MLAs. The 12 suspended members are Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Parag Alwani, Harish Pimple, Yogesh Sagar, Jai Kumar Rawal, Narayan Kuche, Ram Satpute and Bunty Bhangadiya.
Tags: BJP, Supreme Court