Disqualification notices to Shinde camp not arbitrary or illegal: Maharashtra Dy Speaker to SC

The deputy speaker was responding to SC's notice to pleas filed by rebel MLAs questioning the validity of disqualification notices

The deputy Speaker of the Maharashtra Assembly has told the Supreme Court that he had refused to take on record a communication sent by the rebel group of Shiv Sena led by Eknath Shinde against his removal as none of the 39 MLAs had met him personally and he had no means to verify genuineness or authenticity of their signatures.

"Unless and until I was satisfied that this was not a mischief by someone, I was duty-bound and entitled to take a view. There was no question of taking the same on record," he said.

The deputy Speaker also contended the Supreme Court's judgment in the Nabam Rabia case was not applicable to the present case as there was no valid notice for removal as contemplated under Article 179(C) of the Constitution.

Maintaining that the notice for removal can be given when the Assembly is in session, he claimed that "merely stating the Speaker or deputy Speaker does not enjoy the confidence of the majority cannot be treated as a charge which would result in removal of the Speaker or deputy Speaker from the post".

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The deputy Speaker was responding to the SC's notice to the pleas filed by Shinde and others questioning the validity of disqualification notices issued to them after their communication to remove him. The top court had earlier restrained the deputy Speaker to act on disqualification proceedings and subsequently allowed the Governor's decision to hold a floor test, resulting into a collapse of the Maha Vikas Aghadi government led by Uddhav Thackeray. Shinde was sworn in as the Chief Minister of the state.

The court had then fixed the matter for consideration on July 11.

In his written response, the deputy Speaker maintained that his action was that of a "prudent person following a reasonable course". "This can neither be said to be arbitrary, illegal or unconstitutional," he said.

In an affidavit, he explained the notice allegedly signed by 39 MLAs was handed over to the office by an unknown person on June 21. Similarly, an email was sent from the address of one Vishal Acharya, an advocate, not a member of the Legislative Assembly of Maharashtra on June 22.

"As the master of House, it was my duty to verify and ascertain the authenticity as well as genuineness of the purported notice seeking my removal. This is particularly more relevant when only the previous day some MLAs from Shiv Sena had met me personally for recognition of Ajay Chaudhari as the legislature party leader," he said.

The deputy Speaker also said had he taken on record and acted upon the notice, and subsequently, it had come to be known that the notice/letter was fake and intended to cause mischief given the prevailing political situation, he would have been guilty of dereliction of duty.

With regard to the contention that only 48 hours were given to the rebels to respond to disqualification notice, he said when they challenged the notice in the Supreme Court within 24 hours, "I fail to understand to as to how and why 48 hours notice for them to file their replies in the first instance is itself unreasonable and violates the rule of natural justice."