New Delhi: SC on Tuesday said the suspension of 12 BJP MLA in Maharashtra for one year was worse than expulsion and in accordance with constitutional provisions, constituencies could not be examined for more than six months.
A judicial bench a M Khanwilkar, Dinesh Maheshwari and C T Ravikumar said the house has the power to suspend a member, but not for a period of time exceeding 59 days and signaling it will only give orders to quantum punishment.
“You cannot make constitutional emptiness, a hiatus situation for constituencies.
And it is one constituency or 12 constituencies, there is no difference.
Every constituency has the same number of rights to be represented at home,” he said.
The bench as referred to in Article 190 (4), who said if a member, without permission, was absent from all meetings for 60 days, the house could declare a blank seat.
The court said it would set a “dangerous precedent” if the selected member was removed from the house for a long duration.
Dangerous for Democracy Settings: Scit said: “This will be very dangerous for the setting of democracy and the complete democratic value will be compromised.” It adds that in this case 12 members and “there may be cases where the amount can be 120”.
The advice that arises for the state said he would discuss it with the government.
The Apex Court posted this problem for January 18.
On December 14, SC has been seeking responses from Maharashtra and the government in the 12 MLA application that challenges the resolution suspended by the Assembly to suspend them for a year.
The 12 is Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Parag Alavani, Harish Pimpale, Yogesh Sagar, Jay Kumar Rawat, Narayan Kuche, Ram Satty and Bunty Bhangdia.
The suspension movement was moved by Minister of Parliament Anil Puriab, skipped by voice.
SC Slams Maha Government for Suspension of 12 MLA
