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January 2022
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Worse than expulsion: SC on suspension of 12 BJP MLAs from Maha Assembly
 
New Delhi, The Supreme Court on Tuesday termed the suspension of 12 Bharatiya Janata Party (BJP) MLAs from the Maharashtra Assembly for one year for alleged misbehavior with the presiding officer inside and outside the assembly as "worse than expulsion".

A bench headed by Justice AM Khanwilkar on Tuesday agreed to intervene in the matter of suspension resolution passed by the Maharashtra Assembly on July 5 last year.

The bench was hearing a petition filed by suspended MLAs led by Ashish Shelar.

The bench said that the action of the suspension for one year would be treated as "worse than expulsion" as the constituency concerned would not be represented in the House.

The apex court, citing constitutional provisions, said that a constituency cannot remain without representation for more than six months. In such a situation, the suspension of these elected representatives for one year will come in the category of punishment, the bench added.

Senior advocate Mahesh Jethmalani represented the MLAs.

The bench rejected the claim of senior advocate CA Sundaram, who was appearing for Maharashtra government, that the court could not examine the quantum of punishment imposed by the Assembly.

The bench posted the matter for further hearing on January 18.


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