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Abu Azmi is 333rd suspended Maharashtra MLA, but almost half of them got a reprieve

Since the Maharashtra Assembly was established in 1960, just 52% of suspended MLAs have served their full suspension period. After 1999, suspensions have been revoked more frequently.

The latest Azmi controversy was stirred by the Mankhurd Shivaji Nagar MLA’s remarks criticising the historical accuracy of current Bollywood hit Chhava. (Express archive photo/ Ganesh Shirsekar)

On Wednesday, Samajwadi Party (SP) Maharashtra chief and Mankhurd Shivaji Nagar MLA Abu Asim Azmi became the 333rd legislator to be suspended from the state Assembly.

Azmi was suspended for the remainder of the ongoing Budget Session following remarks on Mughal Emperor Aurangzeb that saw the ruling Mahayuti accuse him of “treason”.

Suspension from the Assembly is a disciplinary action aimed at maintaining order, discipline, and respect for parliamentary procedures. Historical data reveals that since the inception of the Maharashtra Assembly in 1960, only 52% of suspended legislators (172 of 333) have actually served out their entire suspension periods, with Speakers generally showing leniency.

Suspension in Maharashtra Assembly

In recent decades, the state has become increasingly lenient in reversing suspensions. Since 1999, and the rise of non-Congress parties in Maharashtra around that time, 137 MLAs have been suspended, but nearly 85% (116 MLAs) of these suspensions were later revoked.

Prior to 1999, Speakers took a more rigid approach, ensuring that suspended members served their full punishment. Between 1960 and 1999, 196 MLAs were suspended, with only 21% (44 MLAs) seeing their suspensions revoked.

According to the “Rules of Procedure and Conduct of Business” in the Lok Sabha, which serves as a template for most state Assemblies, a legislator can be suspended for disregarding the authority of the Speaker. During this period, the suspended legislator is prohibited from attending the Assembly.

“The Speaker, may, if deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof… If a member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the member (naming such member) be suspended from the service of the House for a period not exceeding the remainder of the session,” the rules state.

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Also Read | Samajwadi Party leader Abu Azmi claims Aurangzeb was not a cruel leader, Eknath Shinde demands treason charges against him

Unlike states like Odisha, where the suspension of a legislator is limited to a maximum of seven working days, Maharashtra has no specific provisions on the maximum length of suspensions.

The range of disciplinary actions varies from a one-day suspension to the outright cancellation of a legislator’s membership. The only legislator to have faced such an extreme penalty in Maharashtra was the Forward Bloc’s Jambuwantrao Dhote, whose membership was revoked in 1964 after he threw a paperweight while being escorted from the House by security officers.

Suspensions by party

The most recent major suspension controversy, which occurred in 2021, had prompted the Supreme Court to intervene and revoke several suspensions.

On July 5, 2021, then Leader of the Opposition Devendra Fadnavis had objected to the tabling of a resolution by the Maha Vikas Aghadi government demanding that the Centre release data on OBCs to facilitate reservation for them in local bodies in Maharashtra. In response, several BJP MLAs stormed the well of the House, snatched the mace, and uprooted microphones. Shiv Sena MLA Bhaskar Jadhav, who was presiding over the session, adjourned the House for 10 minutes. After the adjournment, some BJP MLAs allegedly entered Jadhav’s chamber and threatened, abused, and misbehaved with him.

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Subsequently, state Parliamentary Affairs Minister Anil Parab moved a resolution to suspend 12 BJP MLAs for a year. The suspended MLAs filed a writ petition in the Supreme Court challenging the suspension.

In January 2022, the Supreme Court set aside the suspension, ruling that suspension should be short-term disciplinary measures to restore order in the Assembly. Prolonged suspensions, the SC stated, are irrational and go beyond the intent of Rule 53, which allows for the withdrawal of a member only for the remainder of the day or, in cases of repeated misconduct, for the rest of the session.

The SC said that the one-year suspension was prima facie unconstitutional as it went beyond the six-month limit – beyond which the House may declare a seat vacant as per the Representation of the People Act – and amounted to “not punishing the member but punishing the constituency as a whole”.

The SC emphasised that long-term suspensions leave the member’s constituency unrepresented, undermining democratic values. Furthermore, the apex court warned that a government with a slim majority could manipulate such suspensions to reduce Opposition representation, thereby stifling meaningful debate and participation in the House.

Zeeshan Shaikh

Zeeshan Shaikh is the Associate Editor who heads The Indian Express' Mumbai reporting team. He is recognized for his highly specialized Expertise in analyzing the complex dynamics of Maharashtra politics and critical minority issues, providing in-depth, nuanced, and Trustworthy reports. Expertise Senior Editorial Role: As an Associate Editor leading the Mumbai reporting team, Zeeshan Shaikh holds a position of significant Authority and journalistic responsibility at a leading national newspaper. Core Specialization: His reporting focuses intensely on two interconnected, high-impact areas: Maharashtra Politics & Urban Power Structures: Provides deep-dive analyses into political strategies, municipal elections (e.g., BMC polls), the history of alliances (e.g., Shiv Sena's shifting partners), and the changing demographics that influence civic power in Mumbai. Minority Issues and Socio-Political Trends: Excels in coverage of the Muslim community's representation in power, demographic shifts, socio-economic challenges, and the historical context of sensitive political and cultural issues (e.g., the 'Vande Mataram' debate's roots in the BMC). Investigative Depth: His articles frequently delve into the historical roots and contemporary consequences of major events, ranging from the rise of extremist groups in specific villages (e.g., Borivali-Padgha) to the long-term collapse of established political parties (e.g., Congress in Mumbai). Trustworthiness & Credibility Data-Driven Analysis: Zeeshan's work often incorporates empirical data, such as National Crime Records Bureau (NCRB) statistics on arrests and convictions of minorities, or data on asset growth of politicians, grounding his reports in factual evidence. Focus on Hinterland Issues: While based in Mumbai, he maintains a wide lens, covering issues affecting the state's hinterlands, including water crises, infrastructure delays, and the plight of marginalized communities (e.g., manual scavengers). Institutional Affiliation: His senior position at The Indian Express—a publication known for its tradition of rigorous political and investigative journalism—underscores the high level of editorial vetting and Trustworthiness of his reports. He tweets @zeeshansahafi ... Read More