Amidst the ongoing political crisis in Maharashtra, the Supreme Court heard on Monday the petition of the rebel Shiv Sena’s Eknath Shinde faction.
In this, the Supreme Court has issued a notice to Deputy Speaker Narhari Sitaram Jirwal on the notice issued regarding the disqualification of 16 rebel MLAs and sought a reply in five days.
Its chief whip Sunil Prabhu, Legislature Party leader Anil Chaudhary and the central government have also been given notice.
Shinde faction had filed a petition
Let us inform that on the demand of Shiv Sena, the Deputy Speaker had issued notices to 16 rebel MLAs on Saturday and ordered them to appear by 05:30 pm on Monday.
In this regard, Shinde faction had filed a petition in the Supreme Court on Sunday demanding a stay on the action of canceling his membership.
He had also questioned the rejection of the no-confidence motion brought against Deputy Speaker Jirwal in the petition.
The rebels claimed to have lost the majority of the government
At the beginning of the hearing, the counsel for the rebel faction said that 39 MLAs of Shiv Sena, who joined the Maha Vikas Aghadi (MVA) coalition government, withdrew support. In such a situation, the government has lost majority in the house.
The counsel said that the deputy speaker cannot issue notice to any member as the government is in the minority. They should have given at least 14 days to all the members, but it was not done.
Supreme Court asked the reason for not knowing the High Court first
The Supreme Court asked the lawyer of the Shinde faction why it did not approach the High Court first in this matter. On this, the lawyer said that this matter is serious and threats are being received even to kill the MLAs. In such a situation, I have directly approached the apex court.
He said that in 2019, Eknath Shinde was unanimously elected the leader of the legislature party of Shiv Sena, but was removed without following the procedure.
Supreme Court issues notice to Deputy Speaker
In the case, the Supreme Court has issued notices to the MLAs and ordered them to file affidavits within five days regarding the issue of notices and dismissal of the no-confidence motion brought against them.
Apart from this, Chief Whip Sunil Prabhu, Legislature Party leader Anil Chaudhary has also been asked to file a reply.
Similarly, notice has also been issued to the Central Government, asking it to give information about the rules of Parliament in such cases.
How to become a judge in the case against himself as Deputy Speaker – Supreme Court
Hearing the matter, Supreme Court Justice Surya Kant said that haste can lead to undesirable consequences.
He questioned why the Deputy Speaker rejected the notice after receiving the notice from the MLAs. How did he hear the case against himself and become the judge himself?
To this, advocate Rajeev Dhavan, appearing for the Deputy Speaker, submitted that the notice sent against him was sent through an unverified email.
Shinde faction MLAs will have to respond to the notice by July 12
As per the Supreme Court order, the deputy speaker and others will have to file affidavits within five days and reply to the notices regarding disqualification of Shinde faction MLAs by 05:30 pm on July 12.
What is going on in Maharashtra?
Let us inform that 39 Shiv Sena MLAs, including Shinde, have rebelled in Maharashtra . On Saturday, he had announced to name his faction ‘Shiv Sena Balasaheb’.
After that Shiv Sena had passed six resolutions including not using the name of Shiv Sena and its founder Balasaheb in the new faction.
Similarly, on the demand of disqualification of 16 MLAs of Shiv Sena, Deputy Speaker has issued notice to them.