Recently, 12 BJP MLAs were suspended from the Maharashtra State Legislative Assembly for a year for causing a commotion over the OBC quota and misbehaving with Shiv Sena Legislator Bhaskar Jadhav, who was the Speaker in the chair. All of the BJP MLAs walked out of the House, denying the charges levelled against them. The commotion erupted inside the Assembly when the tripartite Maha Vikas Aghadi (MVA) government introduced a resolution asking the Central government for empirical data on OBCs. Before senior Minister Chhagan Bhujbal moved the resolution, Leader of the Opposition Devendra Fadnavis filed a point of objection, stating that the State administration failed to implement Supreme Court orders for 15 months, resulting in the abolition of political reservation for OBCs. Later, the 12 suspended MLAs met the Governor and requested him to stay the suspension decision. The Governor stated that he will look into the matter.  

The Speaker has the fundamental duty to maintain the order and discipline in the House. The powers of the Speaker to direct the member to withdraw from the House can be derived from the Maharashtra Legislative Assembly Rules, 1960 enacted by the Maharashtra State Legislature under Article 208 of the Constitution. According to Anant Kalse, former Principal Secretary, Maharashtra Legislature Secretariat, MLAs can go to the High Court under Article 226 of the Constitution. Article 212, on the other hand, bans the courts from interfering with the House’s internal affairs or proceedings. Article 212 of the Constitution states that Legislative proceedings are not to be investigated by the courts. The Constitution specifies that the validity of any actions in the State Legislature shall not be called into question because of any alleged procedural irregularity. The Speaker is the only person who has the power to decide or call the House’s internal proceedings.