Maha MLAs: Suspension beyond remainder of ongoing session impacts democratic set up, says SC

New Delhi: Suspending a member of the House or Legislative Assembly beyond the remainder period of ongoing session would impact the democratic setup as a whole by permitting the thin majority or coalition government to manipulate the numbers of the Opposition party in an undemocratic manner , the Supreme Court said on Friday.

In its judgement delivered on the pleas filed by 12 BJP MLAs who had challenged their one-year suspension from Maharashtra Legislative Assembly for allegedly misbehaving with the presiding officer, a bench headed by Justice A M Khanwilkar observed that one -year suspension is worse than expulsion, disqualification or resignation.

In conclusion, we have no hesitation in allowing these writ petitions and to declare that the impugned resolution directing suspension of the petitioners 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, substantively illegal and irrational, said the bench, also comprising Justices Dinesh Maheshwari and C T Ravikumar.

The top court declared the resolution to be ineffective in law , insofar as the period beyond the remainder of the stated session in which the resolution came to be passed.

It said the 12 MLAs are entitled to all consequential benefits of being the members of the Legislative Assembly, on and after the expiry of the period of remainder of the concerned session. The apex court said that suspension beyond the remainder period of the ongoing session would be violative of basic democratic values owing to the unessential deprivation of the member concerned and more importantly, the constituency would remain unrepresented in the Assembly.

In its 90-page judgement, the bench said, Suffice it to observe that one year suspension is worse than expulsion', disqualification' or resignation' insofar as the right of the constituency to be represented before the House/Assembly is concerned. The bench said that in absence of any express provision bestowing power in the Legislature to suspend its members beyond the term of ongoing session, the inherent power of the Legislature can be invoked only to the extent necessary and for proper exercise of the functions of the House at the relevant point of time.