ASHISH SHELAR & ORS. versus THE MAHARASHTRA LEGISLATIVE ASSEMBLY & ANR.

Citation: [2022] 18 S.C.R. 762 · Decided: 28-01-2022 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 18 S.C.R.
ASHISH SHELAR & ORS.
v.
THE MAHARASHTRA LEGISLATIVE ASSEMBLY & ANR.
(Writ Petition (Civil) No.797 of 2021)
JANAUARY 28, 2022
[A. M. KHANWILKAR, DINESH MAHESHWARI AND
C.T. RAVIKUMAR, JJ.]
Constitution of India : Art. 190(4), 208 - Maharashtra
Legislative Assembly Rules, 2015 – rr.8, 53, 106 - Suspension of
Member of Legislative Assembly – Petitioners, members of
Maharashtra Legislative Assembly (2019-2024), belongs to Bhartiya
Janata Party, the principal opposition party – During the
proceedings of the Monsoon Session of the Maharashtra Legislative
Assembly heated exchanges between the members of the ruling party
and the opposition party as general feeling developed amongst the
opposition that the business of the House was being conducted in
unilateral manner – Thereafter, resolution moved by the Minister
for Parliamentary Affairs for initiating action against the petitioners-
12 MLAs of the BJP by way of suspension for one year for having
committed contempt of the House, and was later passed by majority
votes – Writ petition by the petitioners seeking quashing and setting
aside of the said resolution passed by the Maharashtra Legislative
Assembly being unconstitutional and grossly illegal – Held:
Resolution suffers from the vice of being unconstitutional, grossly
illegal and irrational to the extent of period of suspension beyond
the remainder of the concerned(ongoing) Session – It is not a case
of mere procedural irregularity committed by the Legislature within
the meaning of Art. 212(1) – Said resolution is non est in the eyes of
law, nullity, unconstitutional, substantively illegal and irrational –
Under r. 53 Speaker is expected to exercise this power only in case
of conduct of the member being “grossly disorderly” and provides
for a graded (rational and objective standard) approach to be
adopted by the Speaker for ensuring orderly conduct of the business
of the House – Suspension beyond the remainder period of the
ongoing Session would not only be grossly irrational measure, but
also violative of basic democratic values – One year suspension is
[2022] 18 S.C.R. 762
762
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worse than “expulsion”, “disqualification” or “resignation”–
Procedure in directly withdrawing the petitioner without inquiry by
the Committee of Privilege and opportunity of hearing to them is
neither prescribed in Part XVIII of the Rules or Rule 53 enabling
the Speaker to do so – Indeed, the constituency cannot have any
right to be represented by a disqualified or expelled member –
However, their representative cannot be kept away from the House
in the guise of suspension beyond the necessary (rational) period
linked to the ongoing Assembly Session, including the timeline
referred to in Art. 190(4) and s. 151A of the 1951 Act – Suspension
beyond the Session would be bordering on punishing not only the
member concerned, but also inevitably impact the legitimate rights
of the constituency from where the member had been elected – It is,
therefore, a drastic measure trenching upon imposing penalty more
than disciplinary or corrective measure, beyond the limited inherent
powers of the House – Thus, the impugned resolution is, thus,
declared to be ineffective in law, insofar as the period beyond the
remainder of the stated Session in which the resolution came to be
passed – Petitioners entitled for all consequential benefits of being
members of the Legislative Assembly, on and after the expiry of the
period of the remainder of the concerned Session.
Maharashtra Legislative Assembly Rules, 2015 – r. 53 - Power
to order withdrawal of member - Procedure prescribed under -
Explained.
Words and phrases: grossly and disorderly, suspension –
Meaning of, in the context of functioning of the House during the
session.
Allowing the writ petitions, the Court
HELD: 1. The impugned resolution suffers from the vice
of being unconstitutional, grossly illegal and irrational to the
extent of period of suspension beyond the remainder of the
concerned(ongoing) Session. Further, it is not a case of mere
procedural irregularity committed by the Legislature within the
meaning of Article 212(1) of the Constitution. The impugned
resolution directing suspension of the petitioners beyond the
period of the remainder of the concerned Monsoon Session held
in July2021 is non est in the eyes of law, nullity, unconstitutional,
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE
ASSEMBLY & ANR.
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