The breakaway faction, led by Eknath Shinde, is demanding that the Shiv Sena withdraw from the Maha Vikas Aghadi alliance, which contains of the Congress and the NCP
Maha disaster LIVE: Supreme Court begins listening to after Eknath Shinde filed plea looking for keep on disqualification discover
Maharashtra Shiv Sena MLA and minister Eknath Shinde on Sunday moved the Supreme Court in opposition to the disqualification discover issued by the deputy speaker to him and 15 different insurgent legislators, calling the motion “illegal and unconstitutional” and looking for a keep on it.
A trip bench of Justices Surya Kant and J B Pardiwala is more likely to hear Shinde’s plea on Monday looking for instructions to the deputy speaker to not take any motion within the disqualification petition in opposition to him.
Shinde and a large variety of MLAs rebelled in opposition to the management of Chief Minister Uddhav Thackeray on June 21 and are presently in Guwahati in Assam.
Their essential demand is that the Sena withdraws from the Maha Vikas Aghadi alliance, which additionally contains the Congress and NCP.
Shinde in his plea mentioned that he’s constrained to invoke the jurisdiction of this Court below Article 32 of the Constitution difficult the “arbitrary and illegal” train of provisions of Members of Maharashtra Legislative Assembly (Disqualification on floor of Defection) Rules, 1986 by the deputy speaker which is totally violative of Article 14 and 19(1)(g) of the Constitution.
“The illegal and unconstitutional action of the Deputy Speaker insofar as recognising Ajay Choudhury as the leader of the Shiv Sena Legislature Party (SSLP) despite the said request being admittedly made by a minority faction of the SSLP. Further, the said Respondent No. 1 (Deputy Speaker), even after belonging to the minority faction of the SSLP, has also filed a Petition under Rule 6 of MLA Defection Rules seeking disqualification of the Petitioner under Para-2(1)(a) of the Tenth Schedule of the Constitution of India for which the Petitioner received a notice dated June 2, 2022,” the plea mentioned.
The petition contended that the seat of Speaker is vacant since Nana Patole resigned from workplace in February 2021 and there’s no authority who can adjudicate upon the disqualification petition below which the impugned discover has been issued to the petitioner.
Shinde, who’s MLA from Kopri-Pachpakhadi constituency of Thane, has challenged the ex-facie unlawful disqualification proceedings initiated in opposition to him on the occasion of Shiv Sena’s chief whip, Sunil Prabhu, and mentioned he had no authority to subject any whip having been eliminated because the Chief Whip of the Shiv Sena Legislature Party and the ensuing issuance of summons issued by the deputy speaker with out verifying the matter.
The plea filed by means of advocate Abhinay Sharma mentioned the deputy speaker can’t disqualify any member below the Tenth Schedule of the Constitution throughout the pendency of his personal elimination decision and termed his motion in recognising Ajay Choudhary and Sunil Prabhu as Leader and Chief Whip of SSLP as unlawful.
The petition has sought instructions to the deputy speaker to not take any motion within the Disqualification Petition below Rule 6 of MLA Defection Rules pending earlier than Speaker of Maharashtra State Legislative Assembly and never take any motion on the identical till the decision for elimination of deputy speaker is set.
“Issue a writ of prohibition/mandamus or some other applicable writ, path or order, interim in nature keep the impact and operation of the discover dated June 25, 2022, issued to the Petitioner by the Respondent No. 1.
“Issue a writ of certiorari or any other appropriate writ, order or direction hold and declare that the Letter/order dated June 21, 2022, passed by the Respondent No. 1 accepting the appointment of Respondent No. 4 as Leader of Shiv Sena Legislature Party is illegal and unconstitutional and be pleased to quash and set aside the same,” the plea mentioned.
The Maharashtra legislature secretariat on Saturday had issued “summons” to 16 insurgent Shiv Sena MLAs, together with Shinde, looking for written replies by the night of 27 June to the complaints looking for their disqualification.
Signed by Rajendra Bhagwat, principal secretary of the Maharashtra Vidhan Bhavan, the summons have been despatched to all 16 MLAs named by the Shiv Sena’s chief whip, Sunil Prabhu, in a letter.
Prabhu had earlier requested the insurgent MLAs of the Shinde faction, who’re tenting in Guwahati, to attend a celebration assembly right here on Wednesday however none of them turned up.
Subsequently, the Sena submitted two letters to the legislature secretariat, looking for disqualification of 16 MLAs together with Shinde.
The summons issued by Bhagwat on Saturday mentioned that Prabhu had submitted a letter to deputy speaker of the Assembly Narhari Zirwal looking for their disqualification below the Members of Maharashtra Legislative Assembly (Disqualification on floor of Defection) Rules, 1986.
“In your defence of the summons, you need to submit your written response before 5.30 pm on June 27 (Monday) supported by all the necessary documents. If the written response to the summons is not submitted in a given period, it would be considered as you have no say over it. The office will initiate necessary action based on the complaint filed by Prabhu against you,” the letter mentioned.
The Shinde group, which claims to have the help of greater than two-thirds of Sena MLAs, has introduced that Prabhu has been changed as celebration whip by Bharat Gogawale.