New Delhi: The Supreme Court on Tuesday said the suspension of 12 BJP MLA in Maharashtra for one year was worse than expulsion and in accordance with constitutional constitutional provisions could not be examined for more than six months.
A judicial bench A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar said that the house had the power to suspend a member but not for a period of time exceeded 59 days and signaled that it would only provide orders in quantum punishment.
“You can’t make a constitutional vacancy, 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,” Bench said.
The bench as referred to in Article 190 (4) the constitution says that if for a period of 60 days, a member of the house, without permission, no of all meetings, the house can declare its empty location.
The APEX court said it would set a “dangerous precedent” for democratic encouragement if selected members were removed from the house for a long duration.
“It will be very dangerous for the set of democracy and the complete value of democracy will be compromised,” he said, in this case there are 12 members and there can be cases where the amount can be 120.
The advice that arises to the state said that he would discuss this issue with the government and return to court.
The Apex Court has posted this problem to hear further on January 18.
On December 14 last year, the Puncak Court had searched for responses from the Maharashtra legislature and the state government in the request submitted by 12 BJP MLA which challenged this resolution was demanded by assembly to suspend them for one year.
The suspended members are 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.
Mola was suspended on July 5 last year from the Assembly after the state government accused them of “behaving badly” with officers from the Jadhav Bhaskar chairman in the speaker room.
Mosi to suspend this MLAS was transferred by the Minister of Parliamentary Affairs of the State Anil Puriab and passed the voice.
Suspension of 1 year from Maharashtra Mlaas is worse than expulsion: SC
