VidhiSangh

Supreme Court of India · 28/01/2022

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

[2022] 18 S.C.R. 762 · 2022 INSC 116

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Twelve Maharashtra MLAs challenged their suspension for one year following alleged disorderly conduct. The Court held the resolution unconstitutional, substantively illegal and irrational insofar as it extended beyond the remainder of the July 2021 Monsoon Session. Legislative procedural immunity did not protect that substantive excess. The members were entitled to consequential benefits after the session ended; the remaining challenges were not examined.

Issues

  1. Whether legislative immunity prevented review of the one-year suspension.
  2. Whether the Assembly’s inherent power permitted suspension beyond the ongoing session.

Provisions considered

Held

Result

Writ petitions allowed: suspension declared ineffective beyond the remainder of the July 2021 Monsoon Session, with consequential membership benefits thereafter. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 762.