The Maharashtra political turmoil has reached the Supreme Court, with dissident Shiv Sena leader Eknath Shinde submitting a writ petition contesting the Deputy Speaker’s disqualification notifications issued to rebel MLAs for proceedings under the Constitution’s tenth schedule over purported defection. The rebel camp has also challenged other actions taken by the deputy speaker in the matter, like removing Shinde from the post of leader of legislative party and accepting the replacement made by the Uddhav Thackeray faction. The petition will be heard by a vacation bench consisting of Justices Surya Kant and JB Pardiwala on June 27.
#BREAKING Supreme Court to hear tomorrow Eknath Shinde’s plea challenging disqualification notices issued by Deputy Speaker to rebel MLAs.
— Live Law (@LiveLawIndia) June 26, 2022
A vacation bench comprising Justices Surya Kant and JB Pardiwala to hear the matter.#MaharashtraPolitcalCrisis #SupremeCourt https://t.co/fY9Oc1CtDY
The no-confidence resolution against Deputy Speaker Narhari Zirwal, a member of the Nationalist Congress Party, was rejected, according to Shinde’s petition, which was submitted on June 26 at around 6.30 PM. As the position of Speaker in the Maharashtra legislative assembly is unoccupied, the Deputy Speaker issued the disqualification notifications.
The argument made in the petition is that it is unlawful for the Deputy Speaker to recognize Ajay Choudhury as the head of the Shiv Sena Legislative Party (SSLP). Shinde, who claims to have the backing of more than two-thirds of Shiv Sena MLAs, asks that the processes regarding the disqualification notices be suspended until the conclusion of the dispute about the removal of the Deputy Speaker.
The plea contended that while a resolution to remove himself is pending, the Deputy Speaker is not permitted to disqualify any member under Schedule X of the Constitution. It also said that Without leaving the NCP, Narhari Zirwal is serving in the capacity of Deputy Speaker while also actively taking part in NCP operations. Shiv Sena’s ideology is deferential to NCP. Zirwal is therefore politically prejudiced and cannot be trusted to make an objective and just decision.
The petition also said that the disqualification notices cannot be upheld since merely missing party meetings is not sufficient ground for disqualification. The Party’s issued whip solely applies to procedures taking place in the House. According to Shinde, he and his supporters have not resigned from the Shiv Sena, and their actions do not fall under the definition of “voluntarily giving up membership” as stated in Paragraph 2 of the Tenth Schedule. In any event, the majority of the party members had revoked Sunil Prabhu’s position as Chief Whip and replaced him with Bharat Gogawale. Therefore, the whip given by Sunil Prabhu is invalid.
The Shinde camp has petitioned the apex court to issue the following directions:
- Stay on the disqualification notice issued by Deputy Speaker against Shinde and 15 other MLAs
- Direction to the Deputy Speaker to not take any decision on the disqualification petition, till the no confidence motion against the Deputy Speaker is decided
- To quash the deputy speaker’s order recognizing Ajay Choudhari as Shiv Sena Legislature Party leader.
- Directions to the Centre and Maharashtra Police to provide security to the family of the dissident MLAs.
Eknath Shinde is backed by more than 50 MLAs of the Maharashtra assembly out of which more than 40 are Shiv Sena MLAs. Shiv Sena has a total strength of 55 MLAs in the house and Eknath Shinde already has the support of more than two-thirds of them which is the basic requirement to duck the anti-defection law. The rebel MLAs are currently living in Hotel Radisson Blu in Guwahati.
