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

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

The resolution suspending the petitioners is unconstitutional, null and ineffective insofar as it directs suspension beyond the remainder of the ongoing Monsoon Session (July 2021); suspension as a legislative self-protective measure must be temporary and conform to the graded approach in Rule 53, and excessive suspension that deprives constituencies of representation and violates Articles 14 and 21 is open to judicial review and must be set aside.

Parties
Petitioners: Ashish Shelar & Ors.; Respondents: The Maharashtra Legislative Assembly & Anr.
Jurisdiction
India
Judgment Date
28 January 2022
Procedural Posture
Writ Petition (civil) / Final Judgment (writ Petitions Allowed)
Outcome
Writ petitions allowed
Legal Topics
Suspension of MLA, Rule 53 Maharashtra Legislative Assembly Rules, 2015, Article 190(4) Constitution of India, Article 208 Constitution of India, Article 212(1) Constitution of India, Natural Justice
Constitutional Law Legislative Procedure Parliamentary Privilege Fundamental Rights Suspension of MLA Rule 53 Maharashtra Legislative Assembly Rules, 2015 Article 190(4) Constitution of India Article 208 Constitution of India +2 more

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Parties

Ashish Shelar & Ors.

Petitioners

The Maharashtra Legislative Assembly & Anr.

Respondents

Procedural Posture

Writ Petition (civil) / Final Judgment (writ Petitions Allowed)

Legal Issues

  1. 1 Whether the Maharashtra Legislative Assembly could validly suspend elected members for one year by resolution passed in a single sitting
  2. 2 Whether such a resolution is justiciable in view of Articles 122/212 and the Rules framed under Article 208
  3. 3 Whether suspension beyond the remainder of the session violates Articles 14 and 21 and the rules (Rule 53) prescribing a graded approach

Ratio Decidendi

The resolution suspending the petitioners is unconstitutional, null and ineffective insofar as it directs suspension beyond the remainder of the ongoing Monsoon Session (July 2021); suspension as a legislative self-protective measure must be temporary and conform to the graded approach in Rule 53, and excessive suspension that deprives constituencies of representation and violates Articles 14 and 21 is open to judicial review and must be set aside.

Court Disposition

Writ petitions allowed

Orders

  • Impugned resolution dated 5.7.2021 declared non est, null and unconstitutional insofar as it directs suspension beyond the remainder of the Monsoon Session of July 2021
  • Petitioners entitled to all consequential benefits of being members of the Legislative Assembly on and after expiry of the remainder period of that Session