Shinde, other rebel MLAs move SC against disqualification notices

Rebel Shiv Sena leader Eknath Shinde has approached the Supreme Court, challenging the disqualification notices issued by the Deputy Speaker of Maharashtra Assembly to him and 15 other MLAs, supporting him.

He also questioned the appointment of Ajay Choudhary as Shiv Sena Legislature Party leader, saying he had been illegally and unlawfully elected as leader of 14 members of Shiv Sena. The plea by him also sought security to himself and other MLAs and their family members.

Besides Shinde, other MLAs led by Bharat Gogawale also filed a separate petitions.

A bench of Justices Surya Kant and J B Pardiwala would on Monday consider both the petitions.

Maharashtra has been facing political imbroglio as Shinde, a minister and Shiv Sena Legislature Party leader, along with other MLAs are holed up in a hotel at Guwahati. The rebel leaders are opposed to continuance of Maha Vikas Aghadi government led by Shiv Sena in alliance with NCP and Congress.

Their plea contended the notice issued on June 25 by the Deputy Speaker to the 16 rebel MLAs, including Shinde on a request by Sunil Prabhu was ex facie illegal as he had been illegally elected as chief whip of the minority faction led by Uddhav Thackeray's team.

"The disqualification notices issued by the Deputy Speaker of the Maharashtra assembly is completely violative of Article 14 and 19(1)(g) of the Constitution," their plea said, accusing the Deputy Speaker of being "hand in glove the MVA government''.

"The notice/summon dated 25.07.2022 is grossly illegal, unconstitutional and in utter disregard of the judgment of this court in the matter of Nabam Rebia and Bamang Felix Vs Dy Speaker, Arunachal Pradesh Legislative Assembly in (2016)," it contended.

The rebel leaders also pointed out 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 notice has been issued," the plea added.

The rebel leaders asked the top court to prohibit Deputy Speaker from taking take any action under the Tenth Schedule (anti defection law) of the Constitution and issue direction against taking any action until the resolution for removal of Deputy Speaker is decided.

Shinde also claimed to enjoy support of two-third members of the party. He also contended that the MLAs request to work as per party founder Balasaheb Thackeray had fell on deaf ears of the Chief Minister and instead threats were issued to the party legislators forcing them to move from Maharashtra for their safety and well being.