Ashish Shelar Vs. Maharashtra Legislative Assembly

COURT: Supreme Court of India

CORAM: Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravi kumar

DATE OF JUDGMENT: 28 January 2022

FACTS

12 BJP MLAs were suspended by the Maharashtra Legislative Assembly for one year for indisciplined and unbecoming behavior. The house passed a resolution which read “Due to the indisciplined and unbecoming behavior resulting   in maligning the dignity of the House, this House resolves to suspend the membership of …… for a period of one year. Similarly, during the period of suspension they may be restrained from entering into the premises of Vidhan Bhawan at Mumbai and Nagpur.”

ISSUE RAISED

Whether the parliamentary resolution suspending 12 MLA’s from the Maharashtra

Legislative Assembly for a year violates the Maharashtra Legislative Assembly Rules.

JUDGEMENT

Supreme Court stated that ‘Suspension For One Year Worse Than Expulsion’ and Quasheed Maharashtra Assembly’s Resolution To Suspend 12 BJP MLAs. The Hon’ble Court held that the resolution passed by the House was “unconstitutional,” “illegal,” and “beyond the powers of the assembly.” The court ruled that the suspension by the House was “irrational” because it should only have applied to the current session. The bench noted that a suspension for one full year was even worse than expulsion. The court cited Article 190(4), which states that a member’s seat may be declared vacant by the House if they are gone for 60 days without permission. The assembly had not complied with this constitutional mandate.