'Narwekar empowered to take up disqualification petitions against Eknath Shinde'

The secretary of the Assembly said that the disqualification proceedings shall be undertaken by the Speaker

The secretary of the Maharashtra legislative Assembly has told the Supreme Court that newly-elected Assembly Speaker Rahul Narwekar is empowered in law to decide the disqualification petitions pending against state chief minister Eknath Shinde and other dissident MLAs of Shiv Sena.

In an affidavit in response to petitions filed by Shinde and 15 other rebel MLAs against adjudication of disqualification proceedings against them by deputy Speaker Narhari Zirwal, the secretary of the Assembly has said that the disqualification proceedings shall now be undertaken by the Speaker and not the deputy Speaker.

Zirwal belonged to the Uddhav Thackeray-camp while Narwekar is a leader of BJP, which has supported Shinde in his rebellion and in forming the new government in Maharashtra after forcing Uddhav to resign.

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

“In view of the recent election on Narwekar as the Speaker of the Assembly, the said disqualification petitions are now to be adjudicated upon by the Speaker by virtue of powers vested in him under the Tenth Schedule (anti-defection law) of the Constitution,” the affidavit said.

The Assembly secretary’s response has come even as the Uddhav-faction led by chief whip Sunil Prabhu has asked the top court to decide the pending disqualification pleas against the rebel MLAs by itself and not leave the decision to the new Speaker.

Uddhav-loyalists Sunil Prabhu and Subhash Desai, in their separate pleas, have said that the top court should transfer the disqualification petitions against Shinde and others to itself and decide them using the court’s extraordinary powers under Article 142 of Constitution.

Prabhu, in his affidavit, said that Narwekar should not be allowed to decide the disqualification petitions since the latter has already shown his bias by recognising Shinde as the leader of the Shiv Sena legislative party.

“The newly elected Speaker has already by his conduct displayed the real and clear danger/ apprehension of bias in favour of Eknath Shinde and the other delinquent MLAs who have voted in his support to appoint him the Speaker in quid pro quo to the benefits they are reaping presently,” Prabhu said in his affidavit.

Prabhu also raised questions of over conduct of the rebel MLAs, saying political turmoil or instability in Maharashtra has been occasioned on account of the anti-party activities indulged in by them orchestrated by the BJP.

"The conduct of the delinquent MLAs led by Shinde infers running away and hiding into Gujarat, Assam and then Goa and instead of attending the legislature party meetings, hobnobbing with the leaders of the BJP which has been orchestrating to bring down the MVA government, being lured with the office of the Chief Minister, are material facts, leading to the unimpeachable conclusion that the delinquent MLAs have voluntarily relinquished membership of the Shiv Sena and thus, have incurred disqualification under the Tenth Schedule," Prabhu said.