New Delhi,Jan 28,2022:The Supreme Court on Friday quashed the Maharashtra Legislative Assembly’s resolution of July 5, 2021, which suspended 12 BJP MLAs for a period of one year for alleged disorderly behavior in the House.
“We’ve no hesitation in allowing these petitions. The resolutions are malicious in the eyes of law, unconstitutional, illegal, and declared to be ineffective in law. As a result of the stated declaration, petitioners are declared to be entitled to be benefits of Members of Legislative Assembly”, the bench pronounced the operative portion of the order.
The legislators were suspended for a year for allegedly misbehaving with the presiding officer. in the Assembly. A batch of petitions was filed challenging the Maharashtra Assembly’s resolution.
The MLAs will now be entitled to all consequential benefits after the conclusion of the session in July, last year.
The bench had pointed out that as per the relevant rules, the Assembly has no power to suspend a member beyond 60 days. In this regard, the bench referred to Article 190(4) of the Constitution which says that a seat will be deemed to have become vacant if a member remains absent in the House without its permission for a period of 60 days, Live Law reported.
