Maharashtra Shiv Sena’s rebel MLA Eknath Shinde seems to have earned the support of two-thirds of the party’s MLA. He wrote to the Deputy Speaker of the Maharashtra Assembly asserting his appointment as the leader of the Shiv Sena Legislature Party. Eknath Shinde has reached the number of MLAs required to split the party in the assembly without falling.
Shine moved to the Supreme Court against disqualification notice.
The matter is now presented in the court by filing the petition whose hearing is going to be held by the bench and the matter is listed as item number 34. A vacation bench of Justice Surya Kant and J B Pardiwala is going to hear the matter.
Senior Advocate Harish Salve is appearing for the Petitioner, Eknath Shinde and rebel Shiv Sena MLAs. Senior Advocate Dr Abhishek Manu Singhvi to appear for the Shiv Sena and Kapil Sibal from the side of the Deputy Speaker.
The Eknath Shinde camp has challenged the appointment of Ajay Choudhari as the Shiv Sena Legislative Party leader and the rejection of the no-confidence motion against the Deputy Speaker Narhari Zirwal.
The court is going to discuss the issues mentioned below:
- Deputy Speaker, Narhari Zirwal cannot disqualify any member under Schedule X of the Constitution during the pendency of a resolution seeking his removal.
- The ideology of Shiv Sena is opposed to Nationalist Congress Party. Narhari Zirwal is politically biased and cannot be expected to make fair decisions.
- The mere absence from pay meetings cannot be a ground for disqualification.
- Shinde asserts that he and his supporters have not given up Shiv Sena membership and their activities do not come within the meaning of voluntarily giving up membership stated under paragraph 2 of Schedule X.