The Supreme Court on Friday posted for hearing on July 11, a plea filed by the Uddhav Thackeray-led faction challenging the Maharashtra Governor Bhagat Singh Koshiyari’s decision to invite Eknath Shinde to form the government and also the Speaker’s election and floor test.
A vacation bench of Justices Indira Banerjee and JK Maheshwari posted the matter for Monday, along with other pending pleas. Mentioning the matter for hearing, senior advocate Devadatt Kamath said the plea challenges the decision of appointing Eknath Shinde as the Chief Minister of Maharashtra and asked that the fresh plea be heard on July 11 when other matters are coming up for hearing.
The bench then ordered the listing of the matter before the appropriate bench on July 11.
The fresh plea filed by the Thackeray-led faction through its General Secretary Subhash Desai challenged the validity of Assembly proceedings on July 3 and 4 where the rebel faction supported BJP’s new Speaker and then went in to prove majority in the House.
“Pass an appropriate writ/order/direction quashing the decision dated June 30, 2022 of the Governor to invite Respondent no. 4 (Eknathrao Sambhaji Shinde) to take oath as the Chief Minister of Maharashtra, and form the Government. Pass an appropriate direction quashing the illegal proceedings of the Maharashtra Legislative Assembly held on July 3 and consequently the election of the Speaker. Pass an appropriate direction quashing the illegal proceedings of the Maharashtra Legislative Assembly held on July 4 and consequently the Confidence Motion in favour of Respondent no. 4,” stated the plea.
It further sought direction to call for the records of all pending disqualification petitions filed against rebel MLAs pending before the Speaker/Deputy Speaker.
Desai in the plea said, since rebel MLAs have not merged with other party, they are liable to be disqualified under the 10th Schedule.
“The facts of the present case there is no merger as envisaged under para 4 of the Tenth Schedule. These rebel MLAs have not merged in any other political party or formed a new political party, therefore even if it is assumed they formed 2/3rd strength of the Legislature party, para 4 of the Tenth Schedule is not at all attracted. Because the President of the Shiv Sena (Uddhav Thackeray) had publicly and admittedly not aligned/supported the BJP. In these circumstances, the satisfaction of the Governor for the purpose of calling upon Shinde to be the Chief Minister as the head of 39 rebel MLAs of Shiv Sena (which is not endorsed by the Shiv Sena Political Party) is by itself ex facie unconstitutional,” the plea added.
On June 29, the top court gave a go-ahead to the floor test in the Maharashtra Assembly on June 30. Refusing to stay the Maharashtra Governor Bhagat Singh Koshyari’s direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House on June 30, the bench issued notice on Prabhu’s plea against floor test.
On June 27, the top court granted interim relief to Shinde and other rebel MLAs to file their reply to disqualification notices issued to them by the Deputy Speaker by July 12, 5.30 pm. Earlier, the Deputy Speaker had granted them time to file a reply by June 27, 5.30 pm.
The order of the apex court had come while hearing the petitions filed by the Shinde group challenging the disqualification notices issued by the Deputy Speaker to 16 rebel MLAs as well as the appointment of Ajay Choudhary as Shiv Sena Legislature Party leader.