SC questions rationality of suspending 12 BJP MLAs from Maharashtra Assembly for one year

This would be dangerous for democracy for resulting in deprivation of representation to their constituencies, the apex court noted

The Supreme Court on Monday questioned the rationality of suspending 12 BJP MLAs from Maharashtra Assembly for one year, saying this would be dangerous for democracy for resulting in deprivation of representation to their constituencies.

"There should be some purpose of suspension and the purpose is with regards to the session. It should not travel beyond that session. Anything other than this would be irrational," a bench presided over by Justice A M Khanwilkar said.

The bench also referred to the Parliamentary law which required that a constituency can't go unrepresented beyond six months and the role of Election Commission comes into play in such circumstances.

"In case of suspension, there will not be an election but if a person is expelled then election will be conducted. Another is danger to the democracy. Suppose there is a slender lead of the majority, and 15-20 people are suspended, what would be the fate of democracy," the bench asked senior advocate C A Sundaram, appearing for Maharashtra.

The counsel emphasised on the limited scope of judicial review of the decision on punishment by the Assembly.

The bench, also comprising Justices Dinesh Maheshwari and C T Ravikumar, said there has to be some rational and constitutional principle behind suspension as houses meet in sessions.

The court was hearing the plea by 12 BJP MLAs against their suspension for one year on July 5.

On January 11, the court had said suspension of the MLAs for allegedly misbehaving with the presiding officer in chair, both inside and outside the Assembly, was “worse than expulsion”.

The court had then expressed an inclination to interfere with the resolution passed by the Maharashtra Legislative Assembly.

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