Ashish Shelar vs Maharashtra Legislative Assembly

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 47

A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Ashish Shelar – Appellant
Versus
Maharashtra Legislative Assembly – Respondent

Advocates appeared:
For the WP(C)No.797/2021 : Mr. Siddharth Bhatnagar, Sr. Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Abhikalp Pratap Singh, AOR Mr. Abhay Anturkar, Adv. Ms. Pracheta Kar, Adv. Mr. Aditya Sidhra, Adv. Mr. Nadeem Afroz, Adv.
For the WP(C) No. 807/2021 : Mr. Mahesh Jethmalani, Sr. Adv. Mr. Utsav Trivedi, Adv. Mr. Abhinay, Adv. Ms. Astha Prasad, AOR Mr. Himanshu Sachdeva, Adv. Ms. Manini Roy, Adv. Ms. Shivani Bhushan, Adv. Ms. Unnati Vijay, Adv. Ms. Aishwarya Samal, Adv. Mr. Pooran Chand Roy, Adv. Mr. Milinda Sharma, Adv. Mr. Ravi Sharma, Adv. Ms. Mugdha Pande, Adv.
For the WP(C) No. 808/2021 : Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. Utsav Trivedi, Adv. Mr. Abhinay, Adv. Mr. Karan Dev Chopra, AOR Mr. Himanshu Sachdeva, Adv. Ms. Manini Roy, Adv. Ms. Shivani Bhushan, Adv. Ms. Unnati Vijay, Adv. Ms. Aishwarya Samal, Adv. Mr. Pooran Chand Roy, Adv. Mr. Milinda Sharma, Adv. Ms. Arzoo Aneja, Adv. Ms. Ira Mahajan, Adv.
For the WP(C) No. 800/2021 : Mr. Mukul Rohatgi, Sr. Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Abhikalp Pratap Singh, AOR Mr. Abhay Anturkar, Adv. Ms. Bhavya Tyagi, Adv. Ms. Bhavya Pande, Adv. Ms. Aadya Yadav, Adv. Mr. Dhruv Tank, Adv. Ms. Aarzoo Aneja, Adv.
For the Respondent(s): Mr. C. Aryama Sundaram, Sr. Adv. Mr. Rahul Chitnis, Adv. Mr. Sachin Patil, AOR. Mr. Akshay Shinde, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shwetal Shepal, Adv Ms. Rohini Musa, Adv. Mr. Zafar Inayat, Adv. Mr. Abhishek Gupta, Adv.

JUDGMENT :

A.M. KHANWILKAR, J.

1. The petitioners have been duly elected as members of the current Maharashtra Legislative Assembly (2019-2024). They got elected from different constituencies in the State of Maharashtra. They belong to the Bharatiya Janata Party¹[for short, “BJP”], the principal Opposition Party in the Maharashtra Legislative Assembly. The Ruling Party is a coalition between the Shiv Sena, the Nationalist Congress Party (NCP) and the Indian National Congress (INC) christened as “Maha Vikas Aghadi”.

2. This lis emanates from the events as unfolded during the Monsoon Session of the Maharashtra Legislative Assembly on 5.7.2021. The proceedings of the House witnessed heated exchanges between the members of the Opposition Party and the Ruling Party due to an impression formed by the former that the business of the House was being conducted in unilateral manner, with conscious and engineered effort to suppress voice of the Opposition Party. In that, even the Leader of Opposition was denied an opportunity to speak on a crucial motion under consideration. At the relevant time, the House was presided over by the Chairman nominated under Rule 8 of the Maharashtra Legislative As

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2022 Supreme(SC) 47

A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMARAshish Shelar – AppellantVersusMaharashtra Legislative Assembly – Respondent

Cases Referred (14)

A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Ashish Shelar – Appellant
Versus
Maharashtra Legislative Assembly – Respondent