Supreme Court is hearing the plea by Bharatiya Janata Party (BJP) law makers, led by Ashish Shelar, challenging its resolution suspending 12 BJP Members of Legislative Assembly (MLAs) for a year
Adv Rahul Chitnis: I am led by Sr Adv Aryama Sundaram. an application has been made by them before the chairman of the assembly. yesterday hearing was given to them. we have also filed a counter
Matter passed over as petitioners counsel Senior lawyers Mukul Rohatgi and Harish Salve are appearing before other courts
Sr Adv Sundaram for Maharashtra:we have filed translations of the hearing which was given. assembly is not sitting now & this can be heard after three weeks. End of February is the next session. yersterday written representations was filed before chairman and he will pass orders
Sr Adv Mahesh Jethmalani appearing for petitioner: What mr sundaram is saying is factually incorrect. we were asked to appear before the deputy speaker and the resolution was passed by the house so there is no meaning in dy speaker hearing us.
Jethmalani: we informed that resolution passed by house has to be revoked by the house. there is no role of deputy speaker. there is no power to suspend MLAs beyond the session of house. this is manifestly arbitrary
SC: If you dont want speaker to decide then amend your petition and we will take a call.
Jethmalani: here the house has taken a call which is against the principles of natural justice.
Sr Adv Sundaram: please defer it by a week, heavens will not fall by then
Jethmalani: It has already fallen !
SC: If the act of parliament can be challenged, resolution can also be challenged.
Sundaram: i am just saying let us see what assembly decides
SC: but speaker cannot decide it since decision is by the house
Jethmalani: without these 12 MLAs all decisions are being taken and number game is very important. the absence of MLAs is undermining the numerical strength of the house.
Jethmalani: resolution is passed by minister of parliamentary affairs. Mr Anil Parab moved the resolution. it was said the house resolved to suspend the MLAs for a period of one year and restrained from entering the premises of vishan sabha in mumbai and nagpur.
Jethmalani: this is not an act of speaker and the speaker only had put to vote and the resolution was passed by the house
SC: What is the sequitur of these facts . please formulate your points
