AMN / MUMBAI
Legal battle fight between the Shiv Sena and the fraction group led by Eknath Shinde has begun in Maharashtra. Shiv Sena counsel and senior advocate of the Supreme Court, Devdutt Kamat while talking to reporters in Mumbai said, the Uddhav Thackeray-led party has initiated the proceedings against the 16 MLAs under para 2 (1) A of the Tenth Schedule which governs ‘disqualification on grounds of defection’.
Yesterday, the Deputy Speaker of the Maharashtra Legislative Assembly Narhari Zirwal had served the disqualification notices to the 16 MLAs, which includes Eknath Shinde. The Deputy Speaker has asked these MLAs to reply to the notices by 5.30 pm tomorrow. However, the MLAs have sought more time from the Deputy Speaker to reply to these notices.
Explaining the grounds on which the MLAs may face disqualification, Advocate Kamat said, if a person voluntarily gives up the membership of the party he is liable for disqualification. Citing various judgments of the Supreme Court, he said the apex court had said that a legislator’s action outside the House; if he commits anti-party activity he is liable to be disqualified.
Kamat said, there were several meetings that were called by the Shiv Sena at crucial junctures and the MLAs were called to attend them. However, the rebel MLAs did not attend any of these meetings. Further, he said, the actions of the MLAs by visiting a foreign state; other than Maharashtra, visiting the state which is being ruled by the BJP, meeting the BJP leaders in that state and trying to topple the government in Maharashtra, and writing letters against the Government amounts to a clear violation of para 2 (1) A of the Tenth Schedule.
He also said, the rebel MLAs claim that they have 2/3rd majority which protects them from disqualification. However, he said, this explanation by them is wrong. Advocate Kamat said, the concept of 2/3rd applies only if there is a merger of a group of MLAs into a political party. He added by saying that if they do not merge their group with a political party till that time disqualification applies. He also said, in this case, the group led by Eknath Shinde has not merged with any other political outfit.
Speaking on the MLA’s contention that the deputy speaker has no jurisdiction to disqualify the MLAs, Advocate Kamat said, in the absence of a Speaker, the Deputy Speaker has all the powers to adjudicate under the Tenth Schedule.
The Deputy Speaker has rejected the No-Confidence Motion filed against him by the dissidents on the grounds that an unauthorised person brought the communication of the No Confidence Motion through a courier. The Deputy Speaker has said, until and unless he figures out whether the document is genuine; he has rejected the same.
The 16 dissidents who have been served notices of disqualification will have to reply by tomorrow, he said.