Shinde moves SC against disqualification notices issued to rebel MLAs
New Delhi, June 26, 2022
Rebel Shiv Sena leader Eknath Shinde has moved the Supreme Court challenging challenging the disqualification notices issued by Maharashtra Deputy Speaker to 16 party MLAs and also the appointment of Ajay Choudhari as Shiv Sena Legislature Party leader.
The matter is likely to be mentioned on Monday for urgent hearing before a vacation bench of the Supreme Court.
Maharashtra has been facing political crisis after Shinde and rebel MLAs left the state, protesting against the alliance with the Congress and Nationalist Congress Party. The rebel MLAs have been camping in a hotel in Assam's Guwahati for the past few days.
The Deputy Speaker has issued notices to the 16 rebel MLAs on the disqualification plea by Thackeray's team.
Shinde's plea said the disqualification notices issued by the Deputy Speaker is completely violative of Article 14 and 19(1)(g) of the Constitution, and also the illegal and unconstitutional action of the Deputy Speaker in recognising Choudhuri as the leader of the Shiv Sena Legislature Party (SSLP) despite the said request being admittedly made by a minority faction.
The plea said the petitioner is aggrieved by the notice/summon dated June 25 which is grossly illegal, unconstitutional and in utter disregard of the judgment of this Court in the matter of Nabam Rebia & Bamang Felix VS Dy. Speaker, Arunachal Pradesh Legislative Assembly in (2016).
"That the seat of Speaker is vacant since Nana Patole resigned from office in February 2021. Thus, there is no authority who can adjudicate upon the disqualification petition under which the impugned notice has been issued to the Petitioner," it added.
"Issue a writ of prohibition/mandamus or any other appropriate writ, direction or order, directing Respondent No. 1 (Deputy Speaker) to not take any action in the disqualification petition under Rule 6 of MLA Defection Rules seeking disqualification of the Petitioners under Para-2(1)(a) of the Tenth Schedule of the Constitution of India pending before Hon'ble Speaker of Maharashtra State Legislative Assembly and not take any action on the same until the resolution for removal of Deputy Speaker is decided," said the plea.