Highlight
- The fresh petition was filed by the Thackeray-led faction through its general secretary Subhash Desai.
- The petition challenged the validity of the proceedings of the Assembly on July 3 and 4.
- The rebel faction supported the new BJP president and then went on to prove majority in the house.
politics of Maharashtra: Supreme court A petition filed by former Maharashtra Chief Minister Uddhav Thackeray is set for hearing on Monday, challenging Governor Bhagat Singh Koshyari’s decision to invite Eknath Shinde to form the government and also include speaker’s election and floor test. Is.
A vacation bench of Justices Indira Banerjee and JK Maheshwari posted the matter for Monday and other pending petitions.
Referring to the matter for hearing, senior advocate Devdutt Kamath said that the petition challenges the decision to appoint Eknath Shinde as the Chief Minister of Maharashtra and said that the fresh petition should be heard on July 11 when other matters are heard. are coming for.
Thereafter, the bench ordered listing of the matter before the appropriate bench on July 11.
Thackeray’s petition in Supreme Court
The new petition, filed by the Thackeray-led faction through its general secretary Subhash Desai, challenges the legality of the assembly proceedings on July 3 and 4, where the rebel faction supported the new BJP president and then had a majority in the House. Went to prove it.
“Pass an appropriate writ/order/direction to set aside the decision of the Governor dated June 30, 2022 inviting Respondent No. 4 (Eknathrao Sambhaji Shinde) to take oath as the Chief Minister of Maharashtra and form the Government. Pass an appropriate direction to quash the illegal proceedings of the Maharashtra Legislative Assembly held on 3rd July and consequently the election of Speaker. Confidence Motion. 4,” the petition said.
It further sought a direction for the record of all pending disqualification petitions filed against the rebel MLAs pending before the Speaker/Deputy Speaker.
Desai said in the petition, since the rebel MLAs have not merged with any other party, they are liable to be disqualified under the 10th Schedule.
“The facts of the present case are no mergers envisaged under para 4 of the Tenth Schedule. These rebel MLAs have not merged with any other political party or formed a new political party, so even if it is assumed that they /3. The strength of the Legislature Party is not at all attracted to Para 4 of the Tenth Schedule. Because the President of Shiv Sena (Uddhav Thackeray) publicly further admitted that he did not ally/support the BJP Under these circumstances, the petition to the satisfaction of the Governor states that the call for Shinde to become the Chief Minister as the head of the 39 rebel Shiv Sena MLAs (not supported by the Shiv Sena political party) is prima facie unconstitutional in itself. .
On June 29, the apex court cleared a floor test in the Maharashtra Assembly on June 30. Maharashtra Governor refused to stay Bhagat Singh Koshyari’s direction to then Chief Minister Uddhav Thackeray to prove his majority. The House issued notice on June 30 on Prabhu’s plea against the floor test.
On June 27, the top court granted interim relief to Shinde and other rebel MLAs to file their replies to the disqualification notice issued by the deputy speaker by 5.30 pm on July 12. Earlier, the deputy speaker had given him time till June 27, 5.30 pm, to file his reply.
The top court’s order came while hearing petitions filed by the Shinde group challenging the issuance of disqualification notices by the deputy speaker to 16 rebel MLAs and the appointment of Ajay Choudhary as the leader of the Shiv Sena legislature party.
(with inputs from ANI)