BJP Legislator Ashish Shelar on Monday in a letter to the Maharashtra Legislature Secretary has submitted that 12 party legislators including himself are entitled to enter the premises of Vidhan Bhavan in Mumbai and Nagpur as the Supreme Court has quashed their suspension.
Shelar said, “I hereby request you to please note that our suspensions have been rescinded and set aside by the Supreme Court vide judgment dated January 28, 2022. I along with 11 suspended members have been reinstated as member of the Maharashtra Legislative Assembly with effect from July 7, 2021, and are now the sitting members of the House.’’
Shelar said he and 11 other members were suspended from the Maharashtra Legislative Assembly in the monsoon session of 2021 for alleged ‘’disorderly behaviour’’ for a period of one year vide resolution dated July 5, 2021. He further added that aggrieved by the impugned resolution, he and the other 11 members filed writ petition before the apex court for quashing/or setting aside the impugned resolution.
‘’The Supreme Court ordered that suspension was unconstitutional and all the suspended members were entitled for all the consequential benefits of being members of the House on and after the expiry of the period of the remainder of the monsoon session in July 2021.
A senior officer of the state legislature secretariat told the Free Press Journal, “A decision will be taken after due consultations with the Maharashtra Legislative Council Chairman Ramraje Nimbalkar and Maharashtra Legislative Assembly Deputy Speaker Narhari Zirwal.’’
He further said that the Chairman and Deputy Speaker will meet the officials from the secretariat to decide future course of action in the wake of apex court’s order quashing the suspension of 12 BJP legislators. The meeting will discuss whether or not to accept the SC order or reject it. ‘’The government will have to move a fresh resolution in the assembly to revoke the suspension. This issue will also come up for discussion during the upcoming meeting,’’ he added.
As reported by the Free Press Journal, the state government may file a petition challenging the apex court order with a plea to hear it before the Constitution Bench.