SC reserves order on plea of Maharashtra BJP MLAs against suspension for one year

Supreme Court

The Supreme Court Wednesday reserved order on the pleas filed by 12 BJP MLAs who challenged their one-year suspension from Maharashtra Legislative Assembly for allegedly misbehaving with the presiding officer.

A three-judge bench headed by Justice A M Khanwilkar asked the parties to file their written submissions within a week.

At the outset, senior advocate Mahesh Jethmalani, appearing for one of the MLAs, submitted that prolonged suspension is worse than expulsion as the rights of the constituents are affected.

Senior advocate Mukul Rohatgi, appearing for the other MLAs, said the decision for one year suspension was grossly irrational.

The 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 session.

The 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 Speaker's chamber.

The 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 Bhangdia.

The motion to suspend these MLAs was moved by state Parliamentary Affairs Minister Anil Parab and passed by a voice vote.

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