The court lifted the year-long suspension of 12 BJP MLAs from the Maharashtra Assembly, quashing the July 5, 2021, Assembly resolution
New Delhi: The Supreme Court on Friday lifted the year-long suspension of 12 BJP MLAs from the Maharashtra Assembly, quashing the July 5, 2021, Assembly resolution suspending them as unconstitutional, substantially illegal and irrational.
Justice A.M. Khanwilkar heading a three-judge bench also comprising Justice Dinesh Maheshwari and Justice C.T. Ravikumar said, “Anything in excess... for a day or reminder of ongoing session would not be necessary much less a rational exercise of inherent powers of the Assembly.”
Observing that a Legislative Assembly is a conglomeration of members chosen by direct election and the constituents of an Assembly constituency can’t remain unrepresented, the court said, “That presupposes that all territorial constituencies must be duly represented in the Assembly in continuum.”