SC quashes indefinite suspension of 12 BJP MLAs from Maharashtra assembly

The apex court held the suspension of the 12 BJP MLAs beyond the remainder period of the session of the Assembly was ‘non-est’ in law, substantially illegal and irrational.

The Supreme Court on Friday set aside the Maharashtra Assembly's decision to suspend 12 legislators of the Bharatiya Janata Party (BJP) for a one-year period beginning July 5, 2021.

File photo of the Supreme Court.

The apex court held the suspension beyond the remainder period of the session of the Assembly was ‘non-est’ in law, substantially unconstitutional and irrational. Calling the resolution illegal, the top court said it was "beyond the powers of the assembly".

The MLAs will now be entitled to all consequential benefits after the conclusion of the session in July, last year.

The legislators were suspended for a year for allegedly misbehaving with the presiding officer in the Assembly.

A batch of petitions were filed challenging the Maharashtra Assembly's resolution on July 5, 2021, suspending the BJP MLAs for a year over alleged disorderly behaviour in the House.

Soon after the ruling, senior BJP leader and former Maharashtra chief minister Devendra Fadnavis thanked the Supreme court in a seand said the ruling is another tight slap on the face of Maharashtra Vikas Aghadi (MVA) government of the Shiv Sena, NCP and Congress.

“Since the beginning, we were saying that it was completely unconstitutional & gross misuse of power to suspend our MLAs for such a long period to create artificial majority & that too for no valid reason & the Hon SC has upheld our stand,” he said.

(With inputs from bureau)