Prolonged suspension worse than expulsion as rights of constituents affectedMaha BJP MLAs to SC
New Delhi Jan 19 PTI Maharashtra BJP MLAs who have challenged their one-year suspension from Legislative Assembly for allegedly misbehaving with the presiding officer told the Supreme Court Wednesday that prolonged suspension is worse than expulsion as the rights of the constituents are affectedA three-judge bench headed by Justice A M Khanwilkar was informed that the duration of any disciplinary action can only extend to the end of the sessionProlonged suspension is worse than expulsion as the rights of the constituents are affected senior advocate Mahesh Jethmalani appearing for one of the MLAs submittedSenior advocate Neeraj Kishan Kaul appearing for some MLAs said there is nothing to show that one-year expulsion was to safeguard the integrity of legislative functionsKaul argued that no plenary power can go beyond the constitution and if something suffers from illegality and substantive illegality it can never be against the constitutional spiritSenior advocate Mukul Rohatgi appearing for a few other MLAs submitted that the one-year suspension lacks rationality and the decision is grossly irrationalYou cannot police an MLA for one year Rohatgi said adding that the decision is illegal and arbitraryThe apex court which was hearing the pleas filed by 12 BJP MLAs who have challenged their one-year suspension reserved the order on the pleas filed by them and asked the parties to file their written submissions within a weekThe apex court had on Tuesday said suspension from Legislative Assembly for one year should be linked with some purpose and there has to be an overpowering reason that the member should not be allowed to even attend the next sessionThe 12 BJP MLAs have filed petitions challenging the resolution passed by the Assembly to suspend them for one year They were suspended on July 5 last year from the Assembly after the state government had accused them of misbehaving with presiding officer Bhaskar Jadhav in the Speakers chamberThe 12 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 Satpute and Bunty BhangdiaThe motion to suspend these MLAs was moved by state Parliamentary Affairs Minister Anil Parab and passed by a voice vote PTI PKS RKS RKS
New Delhi Jan 19 PTI Maharashtra BJP MLAs who have challenged their one-year suspension from Legislative Assembly for allegedly misbehaving with the presiding officer told the Supreme Court Wednesday that prolonged suspension is worse than expulsion as the rights of the constituents are affectedA three-judge bench headed by Justice A M Khanwilkar was informed that the duration of any disciplinary action can only extend to the end of the sessionProlonged suspension is worse than expulsion as the rights of the constituents are affected senior advocate Mahesh Jethmalani appearing for one of the MLAs submittedSenior advocate Neeraj Kishan Kaul appearing for some MLAs said there is nothing to show that one-year expulsion was to safeguard the integrity of legislative functionsKaul argued that no plenary power can go beyond the constitution and if something suffers from illegality and substantive illegality it can never be against the constitutional spiritSenior advocate Mukul Rohatgi appearing for a few other MLAs submitted that the one-year suspension lacks rationality and the decision is grossly irrationalYou cannot police an MLA for one year Rohatgi said adding that the decision is illegal and arbitraryThe apex court which was hearing the pleas filed by 12 BJP MLAs who have challenged their one-year suspension reserved the order on the pleas filed by them and asked the parties to file their written submissions within a weekThe apex court had on Tuesday said suspension from Legislative Assembly for one year should be linked with some purpose and there has to be an overpowering reason that the member should not be allowed to even attend the next sessionThe 12 BJP MLAs have filed petitions challenging the resolution passed by the Assembly to suspend them for one year They were suspended on July 5 last year from the Assembly after the state government had accused them of misbehaving with presiding officer Bhaskar Jadhav in the Speakers chamberThe 12 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 Satpute and Bunty BhangdiaThe motion to suspend these MLAs was moved by state Parliamentary Affairs Minister Anil Parab and passed by a voice vote PTI PKS RKS RKS
