Maharashtra’s Speaker in the state legislature has issued show cause notices to 53 MLAs from the Eknath Shinde led Shiv Sena as well as the Uddhav Balasaheb Thackeray Sena seeking replies as to why they should not be disqualified. The MLAs have been given eight days to respond.
It may be recalled that in June 2022, the then deputy speaker of the state legislature Narhari Zirwal (NCP) had issued notices, asking why they should not be disqualified, to the 16 rebel MLAs of the Shiv Sena party, who along with Shinde, had split from their party.
Immediately after the collapse of the erstwhile Maha Vikas Aghadi (one year ago), newly elected speaker Rahul Narvekar (BJP) similarly issued notices to all the remaining 37 MLAs of the Shiv Sena, with the exceptions of Aditya Thackeray and Sanjay Bangar.
While the Shiv Sena had an elected strength of 56 MLAs after the state assemblies of 2019, the demise of Ramesh Latke had reduced their strength to 55 MLAs effectively. Similarly, while Aditya was exempted from being issued notice of disqualification, the other MLA Bangar had initially supported the Shinde led government on the floor of the state legislative assembly and avoided the notice but, subsequently switched over to the other side.
Reacting to the current notices issued by Narvekar Maharashtra’s Minister for Industries Uday Samant (belonging to Shinde’s Shiv Sena said, “The notices were issued as per the Supreme Court orders. We will submit our responses along with our affidavits. We expect that no injustice will be done to us.” Spokesperson in Maharashtra Chief Minister led party, Sanjay Shirsat in turn noted, “We will write to the Speaker seeking more time to submit our responses.”
Ironically, Narhari Zirwal issued the 16 disqualification notifications as deputy speaker when the MVA government ruled Maharashtra but has now split along with Ajit Pawar from the NCP. He said, “If you consider the issue in its entirety, while the disqualification notifications of the 16 MLAs were issued by me, it is the prerogative of the Speaker of the house to take a decision on the same. So, it would not be appropriate on my part to comment on the issue.”
Maharashtra Chief Minister Eknath Shinde’s Shiv Sena and Deputy Chief Minister Devendra Fadnavis led government had consciously focussed its political moves only after prior legal opinion.
Confirming this a senior BJP leader said, “The difference between the MVA approach and our’s was to first act (read issue disqualification notices to 16 MLAs) and then consult legal opinion whereas, we first consulted legal opinion of the highest order from Solicitor General Tushar Mehta before issuing notices to the 53 MLAs from both factions of the Shiv Sena, based on the correct legal strategy. This often makes the difference between success and failure.”
For the record, the Shiv Sena petition before the Supreme Court challenging the Shinde led dispensation failed the legal test before a constitution bench even while the apex court directed the speaker of the state legislature to take a decision on the pending disqualification notices within a reasonable time.
A Vidhan Bhavan official when contacted on the disqualification notices issued against the 53 Shiv Sena MLAs by the newly installed Shinde led government said, “Under the anti-defection rules if a complaint is made to the speaker, he has to examine it and if satisfied that it complies with the requirement, he can issue notices. This was done as the case came forward before him.”