New Delhi, Jun 27 (LAB) The Supreme Court today issued notice to Shiv Sena leaders Ajay Chaudhary and Sunil Prabhu and asked them to file their reply on an affidavit within five days. The court was hearing the plea of Shiv Sena MLA and minister Eknath Shinde who challenged their disqualification by the Maharashtra deputy speaker against 16 rebel legislators.
After hearing the arguments at length from both sides, the vacation bench comprising Justice Surya Kant and Justice JB Pardiwala said, Time granted to the deputy speaker and to the petitioners to submit their reply after five days and then the counter affidavit by the opposite party within the next three days. The court listed the matter for July 11 and directed the parties to submit their replies which were to be submitted before the Deputy speaker by 5.30 PM today, on July 12.
The Court directed both the parties to maintain a status quo till then.
Appearing for Eknath Shinde, Senior Counsel Neeraj Kishan Kaul told the court that their MLAs are being threatened and there is a danger to their life and liberty. Kaul asked the court to ensure protection for the rebel MLAs in Maharashtra.
Justice SuryaKant directed Adv Rahul Chitnis, Maharashtra Standing counsel, to take adequate steps and protect the life and liberty as well as the properties of the petitioners and their families.
Shiv Sena MLA and minister Eknath Shinde had filed a petition in the Supreme Court against the disqualification notice issued by the Maharashtra deputy speaker against 16 rebel legislators.
The court also asked the deputy speaker to put the disqualification of the rebel MLAs on hold till July 12. Earlier, the court questioned why the matter ‘was not taken to the High Court first’.
Senior advocate Neeraj Kishan Kaul, appearing for Eknath Shinde and others, told the Supreme Court that the Deputy Speaker cannot proceed with the disqualification proceedings when the resolution seeking his removal is pending. To the SC’s question, Kaul replied that the camp did not approach the High Court as the Supreme Court had passed the order in a number of cases regarding floor tests, and disqualification.
He added that a “minority of the legislative party is subverting the state machinery, attacking the group’s houses”. “They’re saying that our dead bodies will return from Assam. Atmosphere is not conducive for us to exercise our rights in Mumbai,” Kaul said on behalf of the rebel MLAs, referring to Shiv Sena MP Sanjay Raut’s earlier statement on the issue.
Kaul said the Deputy Speaker “had no authority to deal with the issue till the question of his removal is decided”. “What is sought to be done in this matter is undue haste, violation of principles of natural justice,” he said.
Senior Advocate Abhishek Manu Singhvi, appearing for Shiv Sena led by CM Uddhav Thackeray, said that if the Nabam Rebia case was applied generically, it would be disastrous. He arguments hinged on the implication that until the issue was with the speaker the court ought to refrain from a decision.
According to the Supreme Court’s Constitution Bench decision in Nabam Rebia v. Deputy Speaker on July 13, 2016, a Governor is required to call a meeting of the Assembly for a floor test on the advice of the Cabinet.
Maharashtra Shiv Sena MLA and minister Eknath Shinde had moved the Supreme Court against the disqualification notice issued by the deputy speaker against 16 rebel legislators. The rebel MLAs have raised a banner of revolt against the MVA government in the state, threatening to bring it down./LAB/SNG/