He had sought suspension of Shinde, 15 rebel MLAs against whom disqualification petitions are pending.
He had sought suspension of Shinde, 15 rebel MLAs against whom disqualification petitions are pending.
The Supreme Court on Friday agreed to hear Shiv Sena Chief Whip Sunil Prabhu’s plea seeking suspension from the Assembly of Maharashtra Chief Minister Eknath Shinde and 15 rebel MLAs, against whom disqualification petitions are pending, saying That he is “fully aware” of the issue. 11 July.
Senior advocate Kapil Sibal, appearing for Mr Prabhu, urged a vacation bench of Justices Surya Kant and JB Pardiwala that the interim petition needs urgent hearing as the disqualification proceedings against the 16 MPs, including the Chief Minister, are pending.
“I am sorry for the trouble… We have filed an application. Your lordship passed an order on June 29, after that Eknath Shinde took oath as the chief minister. The problem before the assembly and all of us is that How votes are counted as there is no merger under this. [the] 10th Schedule of the Constitution,” said the senior counsel.
“both sides [of the Shiv Sena] Whip is going to be issued. How are we going to control the proceedings of the House. Whose whip is going to be counted. He [Mr. Shinde] is not a party and the matter can only be decided by the Election Commission. Prima facie, this is not a dance of democracy,” he said.
The bench said it was fully conscious of the issue and would look into it on July 11 when the main petition of 16 rebel Shiv Sena MLAs against the disqualification notice issued by the Deputy Speaker would be heard.
“We will definitely look into the issue. It is not that we are not aware of it. Let us see what procedures are being adopted. If the process is flawed, please file an affidavit, we will consider that also.”
interim relief
The vacation bench had on June 27, while giving interim relief to the Shinde faction, extended the time to reply to the disqualification notices sent to the 16 rebel Shiv Sena MLAs till July 12.
On June 29, the Maharashtra governor ordered a floor test, leading the Maha Vikas Aghadi (MVA) government to seek its adjournment in the top court.
Troubled Chief Minister Uddhav Thackeray stepped down after the bench refused to stay the governor’s direction to the 31-month-old MVA government to take a floor test in the assembly to prove its majority.
After Mr Shinde was sworn in as chief minister on June 30, Mr Prabhu moved the apex court seeking his suspension and the 15 rebels on various grounds, alleging that they were “acting as pawns of the BJP”. Which is committing a constitutional sin.” of defection.”
The application, filed through advocate Javedur Rahman, said, “From the membership of the 14th Maharashtra Legislative Assembly till the final decision of the Tenth, pass an interim order suspending the delinquent MLAs against whom the disqualification petition has been filed by the applicant.” Schedule proceedings were initiated against him.”
It has also sought a direction to prevent Mr. Shinde and 15 MLAs, against whom disqualification petitions have been filed, from entering the Maharashtra Legislative Assembly or participating in any proceedings relating to the House, until disqualification proceedings are brought against them. final decision is not made.
Referring to the sequence of events, the petition said, “conduct of the petitioners”. [Mr. Shinde and 15 rebel MLAs], both individually and cumulatively lead to the indisputable conclusion that they indulge in anti-party activities and thereby disqualify them as members of the Maharashtra Legislative Assembly by virtue of attracting para 2 (1) (a) of the Tenth Schedule eligible to be declared. Constitution.” Guilty MLAs who are acting as BJP’s pawns thereby committing the constitutional sin of defection, allow them to perpetuate their sin even for a day by allowing them to continue as members of the Legislative Assembly. While this court may have restrained the Vice President from proceeding on disqualification petitions because his jurisdiction has been questioned, it does not mean that the Tenth Schedule of the Constitution will become a dead letter, it Told.
“Considering that, without acknowledging, that the notice of removal of the Speaker was legitimately transferred, this Hon’ble Court is also required to live up to the possibility, as has been the case in the present case, of such The notices are always being transferred. Only as a strategic move before the actual defection, to prevent triggering of disqualification proceedings under the Tenth Schedule by defectors,” it said.
The petition has urged the apex court to examine the bare facts of the matter as Mr. Shinde is being rewarded for his defection by offering him the post of chief minister.
It said, “At least the convicted MLAs are eligible to be suspended from the membership of the House while the proceedings of the Tenth Schedule are under consideration as an interim measure.”
It said that despite the rebellion, the core Shiv Sena remains under the leadership of Uddhav Thackeray, who was elected as the party’s president on January 23, 2018, when organizational elections were held and the Election Commission was informed.