New Delhi: The Uddhav Thackeray faction of the Shiv Sena on Tuesday, July 4, moved the Supreme Court seeking the issual of a direction to the Maharashtra assembly speaker to “expeditiously decide” on the disqualification pleas that have been pending for more than a year against rebel MLAs led by Eknath Shinde.
The disqualification petitions were filed by Sunil Prabhu, appointed as the whip by Uddhav Thackeray, on June 23, 2022. At the time, several MLAs led by Shinde revolted against Thackeray and were camping in Assam. They were issued notices of disqualification by deputy speaker Narhari Zirwal.
Disqualification petitions are pending against 16 legislators, among whom are Shinde and several cabinet ministers.
The petition says, according to LiveLaw, that the pleas have been pending despite Prabhu sending more than three representations to convene a hearing on the matter. It adds:
“The constitutional requirement of fairness enjoins upon the Speaker the obligation to decide the question of disqualification in an expeditious manner. Any unreasonable delay on the part of the Speaker in deciding the petitions for disqualification contributes to and perpetuates the constitutional sin of defection committed by the delinquent members.”
Prabhu’s petition says the speaker’s inaction is an act of “grave constitutional impropriety” as it allows MLAs who are liable to be disqualified to continue in the assembly and to hold responsible positions, including that of the chief minister, according to LiveLaw. It says:
“A long period has elapsed ever since the filing of the disqualification petitions against the delinquent MLAs of the Maharashtra Legislative Assembly, but they have still escaped the constitutional consequences of committing the sin of defection.”
The petition says the top court should direct the speaker to decide on the disqualification pleas within a period of two weeks.
However, no reply has been filed till date. Thus, the right to file their replies in these 16 petitions stands closed, it contended.
After the MLAs revolted against Thackeray, the governor called for a vote of confidence. Thackeray chose to resign as chief minister instead of losing the vote, which proved to be a fatal mistake. The Supreme Court, in May this year, held that the actions of the speaker and the governor were “illegal”, but it could not unseat the Shinde government because Thackeray had resigned without facing the floor test.
In its judgment, the apex court also said that the speaker’s decision to appoint Bharatshet Gogawale, who was backed by the Shinde group, as the whip of the Shiv Sena party was illegal. It said:
“To hold that it is the legislative party which appoints the whip will mean severance of the umbilical chord with the political party. It means group of MLAs can disconnect from the political party. Whip appointed political party is crucial for tenth schedule.”
“The Speaker did not attempt to identify which of the two persons – Mr.Prabhu or Mr. Gogawale- was the whip authorised by the political party. Speaker must recognise only the whip appointed by the political party.”
Further, the Supreme Court refused to use its powers to adjudicate the disqualification petition because “there are no extraordinary circumstances in the instant case”. Accordingly, the court the speaker should decide on them within a “reasonable period”.
Almost exactly one year after the Shiv Sena split into two groups, the Nationalist Congress Party (NCP) also faces the same prospect. Ajit Pawar, NCP supremo Sharad Pawar’s nephew, has now joined the Shinde government by claiming that he has the support of a majority of MLAs.
This article was first published by TheWire
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