MLAs’ disqualification: Hearing on Shiv Sena MLAs’ plea from September 14

While pronouncing the verdict on Shiv Sena versus Shiv Sena on May 11, the Constitution bench of the Supreme Court had said that it would not interfere in the disqualification proceedings against 16 Sena MLAs including CM Shinde and stated that the Speaker must decide the same within a reasonable period.

Earlier, Speaker Rahul Narwekar had issued notices to the 54 Shiv Sena MLAs which include 40 from Shinde-led Sena and 14 from Uddhav Sena.

The notices were issued under the Members of Maharashtra Legislative Assembly (Disqualification on Grounds of Defection) Rules and the MLAs were asked to present their side in writing to the Speaker’s office within seven days.
Following the notices, both the factions of Sena MLAs had filed their replies.

Since no specific time frame was mentioned in the verdict, the opposition parties including Shiv Sena (UBT), Congress and NCP have been raising suspicion that the decision will be delayed by Narwekar in order to safeguard Shinde-led Sena MLAs.

The Shiv Sena (UBT), however, has objected on the notices issued to them saying that even as the issue of disqualification was pertaining to the 16 rebel Sena MLAs who have joined Shinde, the notices have been issued to Sena (UBT) MLAs also and the proceedings have started against them too just for the sake of harassing them.

“A notice has been issued to us to attend the hearing in the central hall of the Vidhan Bhavan on Thursday. We have replied in writing to the earlier notices. Shinde-led Sena MLAs and their chief whip Bharat Gogawle’s whip was declared illegal by the Supreme Court. Still, we are being harassed by initiating the disqualification proceedings against us. In fact the proceedings should have been initiated only against 16 MLAs of Shinde-led faction. But instead of doing that, we are being harassed. We will present our side during the hearing,” a Sena (UBT) MLA, who also have been issued the notice to be present on September 14 for the hearing, said.

Speaker Narwekar said that “this is a quasi-judicial procedure and action will be taken as per the provisions of the Constitution. All MLAs will be given an opportunity to vote. We will take a decision after the hearing.”