- Instructions given by the Deputy Speaker to the Legislative Secretariat
- Case of suspension of 12 BJP MLAs for 1 year
- The State Legislature is a sovereign body, all its decisions are decided by the Speaker.
On Friday, Deputy Speaker of the Legislative Assembly Narhari Jhirwal issued directions not to respond to the notice sent by the Supreme Court to the Legislature Secretariat on the petition of 12 suspended BJP MLAs. The State Legislature is a sovereign body and all its decisions are decided by the Speaker. There is no scope for anyone else’s interference in this. It is on this basis that this instruction has been issued.
It is noteworthy that 12 BJP MLAs, who were suspended from the assembly for one year for alleged misbehavior with the presiding officer Bhaskar Jadhav in the last session of the assembly, have challenged their suspension proceedings in the Supreme Court. Jhirwal said that on December 21, the Assembly Secretary had received the notice of the Supreme Court. In which the Supreme Court has sought answers from the state assembly and the state government on the petitions of 12 BJP MLAs. The Supreme Court, while admitting to hearing the petition of the suspended MLAs, had observed that the issue raised in the petition, the arguments made by the lawyers appearing for the petitioners and the state government, deserved “examine” and “seriously considered”. ‘ Need to.
12 members suspended
These are Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Parag Alwani, Harish Pimple, Yogesh Sagar, Jai Kumar Rawal, Narayan Kuche, Ram Satpute and Bunty Bhangadiya.
What is law and tradition?
Both the legislature and the judiciary are constitutional powers in their own right. In this context, former Principal Secretary of Maharashtra Legislature, Anant Kalse said that the decision to not accept any notice of Supreme Court or High Court was taken during a conference in 2007, which was presided over by the then Lok Sabha Speaker Somnath Chatterjee. . He said that as per Article 212 of the Constitution, the courts cannot inquire into the proceedings of the legislature and the validity of any proceeding in the legislature of a state cannot be called in question on the ground of any alleged irregularity of procedure.
He said that the article also provides that no officer or member of the legislature, in whose powers are vested by or under the Constitution, for the conduct of procedure or business or for the maintenance of order in the legislature, shall not act before any court. shall not be subject to jurisdiction. He reminded that last year, both the houses of the Maharashtra Legislature passed a resolution that the presiding officer would not respond to any notice or summons issued by the Supreme Court in the privilege case against Republic Channel and Arnab Goswami.
Instructions given by the Deputy Speaker to the Legislative Secretariat