Maharashtra Assembly adjourned briefly over suspension of 12 BJP MLAs

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The Maharashtra Assembly was on Thursday adjourned till the end of the Question Hour over the issue of presence of a BJP MLA, who was among the 12 party legislators suspended for a year during the monsoon session in July 2021.

Shiv Sena MLA Bhaskar Jadhav initially claimed in the House that the judiciary cannot interfere in the proceedings of the legislature, but later said he was not against the legislators being taken back and wanted to know the status of the resolution which was passed for the suspension.

Notably, the Supreme Court earlier this year quashed the one-year suspension of the 12 BJP MLAs, saying it was worse” than expulsion or disqualification, and that such an action beyond the remainder period of an ongoing session would impact the democratic setup.

The SC had held that the resolution suspending these MLAs beyond the period of the remainder of the session held in July 2021 was “unconstitutional” and “irrational”.

BJP legislators Yogesh Sagar, Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkalkar, Parag Alavani, Harish Pimpale, Jaykumar Raval, Narayan Kuche, Ram Satpute and Kirtikumar Bhangdia were suspended last year for alleged misbehaviour with the then presiding officer Jadhav in the Speaker’s chamber.

On Thursday, Jadhav objected to MLA Sagar participating in proceedings during the Question Hour.

Raising a point of procedure, Jadhav asked how the MLAs were allowed to enter the House ahead of the completion of their one-year suspension.

The Legislative Assembly suspended the MLAs and the judiciary cannot interfere in the proceedings of the legislature, he said. Jadhav also said the legislature should assert itself on this issue.

Members of the opposition and treasury benches rushed to the well of House, resulting in noisy scenes.

Deputy Speaker Narhari Zirwal then adjourned the House till the end of the Question Hour.

When the House re-assembled, Jadhav said he was not against the BJP MLAs being taken back, but wanted to know the status of the resolution which was passed regarding the suspension. He said the court judgement would be a precedent in the entire country.

The Maharashtra government and the legislature should have reacted to protect the rights of the legislature. The House should have been informed about the status of the resolution, he said.

Ashish Shelar, who was among those suspended, said the 89-page court judgement does not interfere with the rights of the legislature.

The court has held the duration of the suspension as illegal and unconstitutional, he said, adding that the stand of the 12 MLAs was not heard by the legislature.

The court has declared the resolution as illegal and unconstitutional, Shelar said. It is because of the state Maha Vikas Aghadi (MVA) government’s “ego” that the legislature had to face embarrassment in the apex court, the BJP MLA said.

To this, state Parliamentary Affairs Minister Anil Parab claimed the resolution has not been termed as illegal and unconstitutional, but only the duration of the suspension has been questioned.