Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India : Art. 190(4), 208 - Maharashtra Legislative Assembly Rules, 2015 – rr. 8, 53, 106 - Suspension of Member of Legislative Assembly – Petitioners, members of Maharashtra Legislative Assembly (2019-2024), belongs to Bhartiya Janata Party, the principal opposition party – During the proceedings of the Monsoon Session of the Maharashtra Legislative Assembly heated exchanges between the members of the ruling party and the opposition party as general feeling developed amongst the opposition that the business of the House was being conducted in unilateral manner – Thereafter, resolution moved by the Minister for Parliamentary Affairs for initiating action against the petitioners-12 MLAs of the BJP by way of suspension for one year for having committed contempt of the House, and was later passed by majority votes – Writ petition by the petitioners seeking quashing and setting aside of the said resolution passed by the Maharashtra Legislative Assembly being unconstitutional and grossly illegal – Held: Resolution suffers from the vice of being unconstitutional, grossly illegal and irrational to the extent of period of suspension beyond the remainder of the concerned(ongoing) Session – It is not a case of mere procedural irregularity committed by the Legislature within the meaning of Art. 212(1) – Said resolution is non est in the eyes of law, nullity, unconstitutional, substantively illegal and irrational – Under r. 53 Speaker is expected to exercise this power only in case of conduct of the member being “grossly disorderly” and provides for a graded (rational and objective standard) approach to be adopted by the Speaker for ensuring orderly conduct of the business of the House – Suspension beyond the remainder period of the ongoing Session would not only be grossly irrational measure, but also violative of basic democratic values – One year suspension is worse than “expulsion”, “disqualification” or “resignation”– Procedure in directly withdrawing the petitioner without inquiry by the Committee of Privilege and opportunity of hearing to them is neither prescribed in Part XVIII of the Rules or Rule 53 enabling the Speaker to do so – Indeed, the constituency cannot have any right to be represented by a disqualified or expelled member – However, their representative cannot be kept away from the House in the guise of suspension beyond the necessary (rational) period linked to the ongoing Assembly Session, including the timeline referred to in Art. 190(4) and s. 151A of the 1951 Act – Suspension beyond the Session would be bordering on punishing not only the member concerned, but also inevitably impact the legitimate rights of the constituency from where the member had been elected – It is, therefore, a drastic measure trenching upon imposing penalty more than disciplinary or corrective measure, beyond the limited inherent powers of the House – Thus, the impugned resolution is, thus, declared to be ineffective in law, insofar as the period beyond the remainder of the stated Session in which the resolution came to be passed – Petitioners entitled for all consequential benefits of being members of the Legislative Assembly, on and after the expiry of the period of the remainder of the concerned Session. Maharashtra Legislative Assembly Rules, 2015 – r. 53 - Power to order withdrawal of member - Procedure prescribed under - Explained. Words and phrases: grossly and disorderly, suspension – Meaning of, in the context of functioning of the House during the session. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2022 INSC 116 |
Petitioner | Ashish Shelar & Ors. |
Respondent | The Maharashtra Legislative Assembly & Anr. |
SCR | [2022] 18 S.C.R. 762 |
Judgement Date | 2022-01-28 |
Case Number | 797 |
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