New Delhi: In a big relief to Eknath Shinde camp, the Supreme Court ordered a status quo on disqualification proceedings till July 11. The Deputy Speaker’s Monday deadline to the rebel Sena leaders now stands deferred till July 11.
On request of providing security to 39 MLAs alleging threat, the Supreme Court recorded a statement of standing counsel of Maharashtra Govt that adequate steps have already been taken and the state government will further ensure that no harm is caused to the life, liberty, or property of the MLAs.
The court has asked the Deputy Speaker to file a reply over Shinde’s plea. It has issued the notice to Deputy Speaker, Secretary of Maharashtra State Legislative Assembly, Centre and others on pleas filed by rebel MLAs against the disqualification notice issued by the Deputy Speaker Narhari Zirwal against Eknath Shinde and 15 other rebel legislators. The Supreme Court also issued notice to Shiv Sena leaders Ajay Chaudhary, Sunil Prabhu and asked them to file a reply within five days.
Appearing for the Shinde faction, senior advocate Neeraj Kishan Kaul said that the Deputy Speaker cannot proceed with the disqualification notices since the resolution regarding his removal is still pending. He mentioned the ‘Nabam Rebia’ decision of the Supreme Court. “Till decision on motion against Dy Speaker is decided, he cannot issue notice of disqualification..it’s illegal and arbitrary,” Kaul said.
Justice Surya Kant asked Kaul ‘why don’t you raise these issues before the Deputy Speaker itself?’ to which, he replied, “The Deputy Speaker cannot proceed while there is a no-confidence motion pending,” citing the Nabam Rebia judgment by the SC.
“When the position of a Speaker is under challenge, through a notice of resolution for his removal, it would ‘seem’ just & appropriate, that the Speaker first demonstrates his right to continue as such, by winning support of the majority in the State Legislature,” Kaul said. “Why would a Speaker who is confident of his majority, fear a floor test?” he added while reading from the Nabam Rebia judgment.
“Dy Speaker lost his position as the MVA govt has been reduced to a minority and so he had no authority to issue disqualification notice. Whip contemplated under the Tenth Schedule of the Constitution is for a vote on the floor of the House and no whip could have been issued for party meeting admittedly held outside the House. A meeting of the Party concerned with business or vote on the Floor of the House cannot be converted into a weapon to disqualify duly elected members under the garb of the Tenth Schedule,” Kaul further added.
Justice Surya Kant also asked why didn’t the rebel Sena MLA Eknath Shinde approach the High Court with his plea, to which, Kaul said that in view of the threats of ‘dead bodies will return from Assam’ issued by Shiv Sena leaders to the rebel camp, ‘the atmosphere in Mumbai was not conducive for us to exercise our rights in the state capital.’
“We have 39 MLAs. A minority government is subverting the entire process. MLAs are being threatened..one of the leaders with Uddhav said 40 dead bodies will come from Guwahati.. the atmosphere is being vilified. The atmosphere is not conducive for us to exercise our rights in Mumbai,” he said.
Kaul further noted that they didn’t approach the High Court since the SC has passed orders in multiple cases of the floor test, and disqualification in the past.
Rebel Shiv Sena MLA Eknath Shinde earlier today claimed in his petition filed before the Supreme Court that the ‘MVA alliance has lost the majority in Maharashtra as 38 of the members of the Shiv Sena Legislature Party have withdrawn their support thus bringing it below the majority in the house.’ Notably, Eknath Shinde on Sunday moved to the Supreme Court against the disqualification notice issued by the Maha Deputy Speaker, Narhari Zirwal to him and 15 other rebel MLAs. Shinde, in his petition, called the notice ‘illegal and unconstitutional’ seeking a stay against it.
