Uddhav Sena moves SC again seeking suspension of rebels
New Delhi: The Supreme Court on Friday agreed to hear on July 11 the plea of Shiv Sena chief whip Sunil Prabhu seeking suspension from Assembly of Maharashtra Chief Minister Eknath Shinde and 15 rebel MLAs against whom disqualification pleas are pending, saying it was fully conscious of the issue. Meanwhile, the day-old Shiv Sena-BJP government in Maharashtra will face the floor test on July 4.
BJP MLA Rahul Narvekar filed the nomination on Friday for the post of Assembly Speaker, an official said. Election for the post, if needed, will be held on July 3, when the special two-day session of the House begins, he said.
A vacation bench comprising Justices Surya Kant and J B Pardiwala was urged by senior advocate Kapil Sibal, appearing for Prabhu, that the interim plea needed an urgent hearing due to the pendency of disqualification proceedings against 16 lawmakers including the chief minister. I am sorry for the trouble...We have filed an application. Your lordships on June 29 passed an order, thereafter Eknath Shinde was sworn in as chief minister. The problem that faces the Assembly and all of us is that as to how the votes have to be counted as there is no merger under...10th schedule of the Constitution, the senior lawyer said.
Both sides (of Shiv Sena) are going to issue a whip. How we are going to control the proceedings of the House. Whose whip is going to be counted? He (Shinde) is not the party and that matter can only be decided by the Election Commission. Ex-facie, this is not the dance of democracy, he said.
The bench said it was fully conscious of the issue and will look into it on July 11 when the main plea of 16 rebel Shiv Sena MLAs against the disqualification notices issued by the Deputy Speaker would be heard.
We will definitely look into the issue. It is not that we are not conscious of it. Let us see what procedures are being adopted. If the procedure is defective then please file an affidavit, we will consider that also, the bench said.
The vacation bench of the court had on June 27 granted interim relief to the Shinde faction by extending the time for replying to the disqualification notices sent to 16 rebel Sena MLAs till July 12.
On June 29, the Maharashtra governor ordered a floor test leading the Maha Vikas Aghadi (MVA) government to rush to the top court seeking its deferment.
The bench refused to stay the direction of the Governor to the 31-month-old MVA government to take a floor test in the Assembly to prove its majority after which the beleaguered chief minister Uddhav Thackeray quit office.
After Shinde was sworn in as the chief minister on June 30, Prabhu moved the top court seeking his suspension and of 15 rebels on various grounds, alleging that they are acting as pawns of the BJP, thereby committing the constitutional sin of defection.
