New Delhi: The Supreme Court on Tuesday observed that the suspension of 12 BJP MLA from Maharashtra assembly in July, for one year, because it behaved badly with the chairman’s officer in the chair, both inside and exponented “.
A bench, headed by justice Am Khanwilkar, Hearing the request submitted by MLA challenging their suspension.
On December 14 last year, the Top Court has issued a notification to the Maharashtra Assembly through his secretary.
Bench, also consisted of Judge Dinesh Maheshwari and CT Rajkumar, expressed a tendency to disrupt the resolution passed by the assessment BJP MLA, on July 5 years ago elected this.
citing keten The constitutional master, the bench said a constituency area could not be obtained to exceed six months.
Citing relevant rules, the upper court shows that assembly does not have the power to suspend members outside 60 days.
This refers to article 190 (4) the constitution that says the seat will be considered to be empty if a member is still absent at home without permission for a period of 60 days.
Senior Advocate Battery – Mahesh Jethmalani, Bulping Rohatgi, Neeraj Kiswan Kaul, and Siddharth Bhatnagar – arguing for suspended legislators.
They were assisted by Advocates Siddharth Dharmadhikari and Abhikal Pratap Singh.
Jethmalani argues that Rajya Sabha recently suspends 12 members for irregular behavior, and suspensions are only operated during the duration of the session.
It was said in court for the principle of natural justice violated by a house by suspending MLA for a year.
One lawyer argues that suspensions may not exceed 6 months and allow the government to manipulate the strength at home to secure the majority of votes on important things.
12 Members suspended are Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalki, Parag Alavani, Harish Pimpale, Yogesh Sagar, Jay Kumar Rawat, Narayan Kuche, Satty Satty, and Bunty Bhangdia.
MLA has called out politically motivated suspension to reduce the number of opposition parties, the bench that is noted that after the suspension of MLAS, no one represents each constituency at home.
“This does not punish members but punish the constituency as a whole,” he said.
The top court did not entertain the argument made by senior advocate C.A.
Sundaram, representing the Maharashtra government, that the court cannot check the quantum of punishment imposed by the Assembly.
After a detailed hearing in this matter, the bench posted this problem for further hearing on January 18.
The request said: “The resolution that was revealed has been continued in violations of Article 14 of the Indian Constitution as much as there is no chance to hear or at least complete the written explanation they are given to the applicant.
Furthermore, Perusal of the resolution that was revealed showed that there was actually not the application of the mind in as much There are no ingredients available to identify 12 MLA from a large crowd from the crowd.
” It urged the upper court to cross direction to cancel the resolution for MLA’s suspension.