New Delhi: The Supreme Court on Wednesday reserved its verdict on petitions challenging the one-year suspension of 12 BJP MLAs from the Maharashtra Assembly for their alleged misconduct and misbehaviour in the House.
After hearing arguments in the matter, a bench of Justices A.M. Khanwilkar, Dinesh Maheshwari, and C.T. Ravikumar, reserved the judgment.
A battery of senior advocates — Mahesh Jethmalani, Mukul Rohatgi, Neeraj Kishan Kaul, and Siddharth Bhatnagar — argued for the suspended legislators. The senior advocates were assisted by advocates Siddharth Dharmadhikari and Abhikalp Pratap Singh.
The counsel argued that suspension with the intent to discipline cannot go beyond the session of the House.
Senior advocate C.A. Sundaram, representing the Maharashtra government, argued the act of suspending a member from the Assembly for one year is not barred by the Constitution.
On the other hand, the petitioners’ counsel contended that merely exercising inherent power can the House act contrary to the Constitution, and no preliminary power can go beyond the Constitution or fundamental rights. They argued that there is no justification of suspension, which affects the right of the constituency. Rohatgi emphasised that the decision of 1 year suspension is grossly irrational, as there is non-compliance with natural justice.
During the hearing on the matter on Tuesday, Justice Khanwilkar told Sundaram that the suspension of the MLAs should not be greater than the session of the House, and anything other than this would be irrational. “Your decision of 1 year is irrational because of the deprivation of the constituency being unrepresented for more than 6 months..”, noted the bench.
Justice Ravikumar said: “Another is danger to democracy…. Suppose there is a slender lead of the ruling party (in the Assembly), and 15 or 20 people are suspended, what will be the fate of democracy?”
The bench queried Sundaram: “Suspension up to what period and for what purpose?”
Justice Maheshwari said the House meets in sessions and the rationale is, when a new session begins, new business begins. He further queried “A particular session, he may be suspended but beyond that time the rationality question comes.”
On January 11, the court observed that suspension of 12 BJP MLAs in July, for a year, for misbehaving with the presiding officer in chair, both inside and outside the Assembly, was “worse than expulsion”.
