Even as 12 suspended BJP MLAs from the state meeting approached the governor on Monday urging him to remain the choice and are additionally able to strategy the excessive court docket, constitutional consultants mentioned the governor or the courts Cannot intrude within the proceedings of the legislature because the structure is barred. them.
At least 12 BJP MLAs have been suspended from the Assembly for one 12 months for making a ruckus on the difficulty of OBC reservation and misbehaving with Presiding Officer Bhaskar Jadhav within the deputy speaker’s cabin. Denying the allegations towards them, all of the BJP MLAs walked out. Later, he met the Governor and urged him to remain the suspension order. The governor assured a probe into the matter. State BJP president Chandrakant Patil mentioned, “We have 105 MLAs and the government is trying to suppress their voice. Suspension is an injustice to them… We have already approached the Governor and will now approach the High Court.”
Constitutional consultants say that neither the governor nor the courts have the precise to intrude in no matter occurs inside the home. “Though the BJP MLAs approached the Governor and urged him to stay the suspension, there is little the Governor can do. The Constitution does not allow them to interfere in the proceedings of the State Legislature. Similarly, if MLAs approach the court, the court will not be able to do much as the Constitution prohibits the High Court or the Supreme Court from interfering in the internal proceedings of the House,” mentioned skilled Ulhas Bapat.
Bapat mentioned this isn’t the primary time that MLAs have been suspended for a 12 months and neither is it a harsh punishment. “Actually, it was a good punishment. How dare they enter the effectively of the House, snatch the mike and the mace and disrupt the proceedings of the House? They are MLAs who elevate public points. They behave in an uncontrolled method. There aren’t any goons for this. Such sort of habits will not be anticipated from public representatives.
Bapat mentioned Patil had a behavior of approaching the governor on any pretext. “But this time, it will not work. The governor has no right to interfere,” he mentioned.
Anant Kalse, former principal secretary of the Maharashtra Legislature Secretariat, mentioned, “Under Article 226 of the Constitution, MLAs can approach the High Court. However, Article 212 bars the courts from interfering in the internal matter of the House…”
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With inputs from TheIndianEXPRESS
