Resolution suspending 12 MLAs beyond period of remainder of session unconstitutional: SC
The Hindu
Twelve MLAs were suspended on July 5 last year from the Maharashtra Legislative Assembly after the State government had accused them of misbehaving.
The Supreme Court on Friday held that a resolution from the Maharashtra Legislative Assembly beyond the period of the remainder of the session held in July 2021 is “unconstitutional” and “irrational”.
The apex court delivered its verdict on the pleas filed by the 12 BJP MLAs, who had challenged their one-year suspension from the State assembly for allegedly misbehaving with the presiding officer “In conclusion, we have no hesitation in allowing these writ petitions and the impugned resolution suspending these members beyond the period of the remainder of the concerned Monsoon session held in July 2021 is non-est in the eyes of law, nullity, unconstitutional, substantially illegal and irrational,” a bench headed by Justice A.M. Khanwilkar said.
“The impugned resolution is thus declared to be ineffective in law in so far as the period beyond the stated session in which the resolution came to be passed,” the bench said.