'Unconstitutional and arbitrary': SC quashes suspension of 12 BJP MLAs in Maharashtra

Image Source : PTI (FILE)
Supreme Court of India

Highlights

Supreme Court termed the suspension of BJP MLAs as unconstitutional and arbitrary
It said that Assembly resolution was malice in the eyes of law & declared to be ineffective
MLAs were suspended after govt passed a resolution, accusing them of 'misbehaving' with an official

The Supreme Court on Friday quashed the suspension of 12 BJP MLAs from the Maharashtra Legislative Assembly. The top court termed their suspension as unconstitutional and arbitrary.

Twelve BJP MLAs were suspended from the Maharashtra Legislative Assembly for one year, beginning July 5, 2021. According to the state government, the MLAs had misbehaved with presiding officer Bhaskar Jadhav in the Speaker's chamber. The motion to suspend the MLAs was moved by state Parliamentary Affairs Minister Anil Parab and passed by a voice vote.

The 12 BJP MLAs who were suspended are - Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Parag Alavani, Harish Pimpale, Yogesh Sagar, Jay Kumar Rawat, Narayan kuche, Ram Satpute and Bunty Bhangdia. The Bharatiya Janata Party had then categorically rejected the government's allegation and said that it was an attempt by the Uddhav Thackeray government to reduce the opposition's strength in the House.

Senior BJP leader Devendra Fadnavis welcomed the Supreme Court's judgement, saying the decision is "another tight slap" on the face of the Maha Vikas Aghadi (MVA) government of Shiv Sena, NCP and Congress for its "unconstitutional, unethical, unfair, illegal and undemocratic actions".

"Satyameva Jayate. We welcome and thank the Supreme Court for the historic decision of quashing suspension of our 12 BJP Maharashtra MLAs, who were fighting for the cause of OBCs in Maharashtra Legislative Assembly during the monsoon session," the Leader of Opposition in the Maharashtra Assembly said.

The BJP is the principal opposition party in the Maharashtra Legislative Assembly. In the 2019 Assembly polls, the BJP and Shiv Sena together had secured a comfortable majority in the House. However, Shiv Sena quit the BJP-led NDA after the results and sided with then arch-rivals Congress and NCP to keep the saffron party away from power. The Shiv Sena led by Uddhav Thackeray heads an alliance government of three parties in Maharashtra.