Maha crisis: SC gives interim relief to Eknath Shinde camp, extends disqualification notice reply date till 12 July

Rebel Maharashtra Shiv Sena MLAs unanimously chose party leader Eknath Shinde as their leader. ANI

The Supreme Court on Monday granted interim relief to Shiv Sena leader Eknath Shinde and his rebel group by extending the time to file response to the disqualification notice sent by Maharashtra Deputy Speaker till 12 July.

The deadline earlier was set to expire today (27 June) at 5:30 pm. It was extended by a vacation bench of Justices Surya Kant and JB Pardiwala heard the petitions filed by the Shinde faction challenging the disqualification notices issued by the Deputy Speaker to 16 rebel MLAs as well as appointment of Ajay Choudhari as Shiv Sena Legislature Party leader.

“As an interim measure, the time granted by Deputy Speaker, to the petitioners or other similarly placed MLAs to submit their submissions today by 5.30 pm, stands extended till 12 July,” the court ordered.

The court, however, refused to pass any interim order on the plea of the Maharashtra government that there should not be any floor test in the Assembly and said they can always approach it in case of illegality.

In his plea to the Supreme Court, Shinde said that the Maha Vikas Aghadi (MVA) alliance has lost the majority in the Maharashtra Assembly as 38 of the members of the Shiv Sena Legislature Party have withdrawn their support.

Shinde further stated that the Deputy Speaker has lost his position as the MVA government has been reduced to a minority and in such a situation, he has no authority to invoke provisions of the Members of Maharashtra Legislative Assembly (Disqualification on Ground of Defection) Rules, 1986, and send notices to him and 15 other MLAs, which form part of the breakaway group of 38 Sena legislators.

A vacation bench of Justices Surya Kant and JB Pardiwala has also sought the response of Maharashtra Legislative Assembly’s Deputy Speaker Narhari Zirwal and Sena chief whip Sunil Prabhu and legislature party leader Anil Chaudhary on petitions by Shinde and 15 other dissident MLAs challenging the disqualification notice sent to them and posted the case for further hearing on 11 July.

“Counter affidavit to be filed within five days, rejoinder three days thereafter. List it on 11 July,” the court said.

The apex court told the Deputy Speaker that “Haste can lead to undesirable consequences”.

The Supreme Court also recorded the submission of Maharashtra counsel that no harm will be caused to the life and property of the rebel MLAs.

“Chitnis (counsel for Maharashtra) states that adequate steps have already been taken and the state government will further ensure that no harm is caused to the life, liberty, property of the MLAs,” the Court said in its order.

The court also issued the directive after the Deputy Speaker questioned the authenticity of the removal motion by the rebel camp. The Shinde faction on 22 June had filed a notice for the removal under Article 179 of the constitution and rule 11 of the Maharashtra Assembly Rules.

The apex court also sought for complete records from the office of deputy speaker, after his counsel Rajeev Dhavan told the bench that he questioned the authenticity of the removal motion as it was sent through an email.

During the hearing, the Supreme Court also asked the rebels’ lawyer why they did not first approach the Bombay High Court. To this, advocate NK Kaul replied that the rebels’ houses and properties are being threatened, and the situation is not conducive for them to pursue their rights in Mumbai.

With inputs from agencies.

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