Keep Disqualifications on Hold, SC Tells Dy Speaker on Eknath Shinde's Plea on Notice Against Rebels

After Shiv Sena MLA and minister Eknath Shinde moved the Supreme Court against the disqualification notice issued by the Maharashtra deputy speaker against 16 rebel legislators, the apex court issued notice to Shiv Sena leaders Ajay Chaudhary, Sunil Prabhu and asked them to file a reply within five days. The court listed the plea for hearing on July 11th.

The court also asked the deputy speaker to put the disqualification of the rebel MLAs on hold. Earlier, the court questioned why the matter ‘was not taken to the High Court first’.

The bench of Supreme Court Justices Surya Kant and JB Pardiwala is hearing the case, which takes place amid the highly-watched political crisis ongoing in Maharashtra, after Shinde and a group of MLAs raised a banner of revolt against the MVA government in the state.

Senior advocate Neeraj Kishan Kaul, appearing for Eknath Shinde and others, told the Supreme Court that the Deputy Speaker cannot proceed with the disqualification proceedings when the resolution seeking his removal is pending. To the SC’s question, Kaul replied that the camp did not approach the High Court as the Supreme Court had passed the order in many number of cases regarding floor tests, and disqualification.

He added that a “minority of the legislative party is subverting the state machinery, attacking the group’s houses”. “They’re saying that our dead bodies will return from Assam. Atmosphere is not conducive for us to exercise our rights in Mumbai,” Kaul said on behalf of the rebel MLAs, referring to Shiv Sena MP Sanjay Raut’s earlier statement on the issue.

Kaul said the Deputy Speaker “had no authority to deal with the issue till the question of his removal is decided”. “What is sought to be done in this matter is undue haste, violation of principles of natural justice,” he said.

Senior Advocate Abhishek Manu Singhvi, appearing for Shiv Sena led by CM Uddhav Thackeray, said that if the Nabam Rebia case was applied generically, it would be disastrous. He arguments hinged on the implication that until the issue was with the speaker the court ought to refrain from a decision.

According to the Supreme Court’s Constitution Bench decision in Nabam Rebia v. Deputy Speaker on July 13, 2016, a Governor is required to call a meeting of the Assembly for a floor test on the advice of the Cabinet.

Maharashtra Shiv Sena MLA and minister Eknath Shinde on Sunday had moved the Supreme Court against the disqualification notice issued by the deputy speaker against 16 rebel legislators. The rebel MLAs have raised a banner of revolt against the MVA government in the state, threatening to bring it down.

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