Neelam Gorhe can continue as Dy Chairperson of Maharashtra Vidhan Parishad: Niranjan Davkhare

Davkhare, who had been selected as a Panel Chairperson in the absence of a Chairperson of Vidhan Parishad and Gorhe recusing herself, had heard both the Opposition and Deputy Chief Minister Devendra Fadnavis on Tuesday and had said he would give a ruling on the issue after taking some time.

While giving out the decision on Thursday, Davkhare said that as per the 10th Schedule of the Indian Constitution, the Chairperson or the Deputy Chairperson of the state Upper House has the liberty to change his/her political party and rejoin it while continuing at the post.

As per records, Gorhe officially started her membership on May 14, 2020 and as per the information provided in the bulletin of the Upper House, her party was Shiv Sena where she currently remains. So, no change has happened as far as her political party is concerned.

“As far as challenging the functioning of the Deputy Chairperson is concerned, it is a quasi judicial process and cannot be discussed in the house. Though there is no precedent for that, we allowed the discussion in the spirit of democracy since some members had raised the issue,” Davkhare added.

However, the discussion is intended to be looked at as an exception. He concluded that he was passing a judgment that all rights vested under the rules and constitutional provisions of Neelam Gorhe were intact.

Earlier, on Tuesday, Fadnavis, while speaking at the Legislative Council, had said, “There has been no change in her party. She was and is with Shiv Sena hence there is no switch in parties. The Election Commission has given the Shiv Sena party and symbol to Eknath Shinde who is the Shiv Sena leader. One has to keep in mind that the disqualification part of the dispute regarding which the Speaker has to decide is about MLAs who had switched prior to the EC’s decision in favour of Shinde. Thus Gorhe’s party has not changed and I feel the remaining MLAs (those with Shiv Sena UBT) should come to the original political party.”

Earlier, NCP’s Satej Patil read out a tweet by Shinde in which he welcomed Neelam Gorhe to the Shiv Sena party. Patil said that if she had not changed parties, why did the CM welcome her in the new party. Apart from Patil, Anil Parab and Ambadas Danve argued that Gorhe could no longer continue as the Deputy Chairperson as her disqualification, along with that of two leaders who switched from Sena UBT to Shinde Sena, was being sought by them.

Fadnavis had said, ” You have heard both sides and you can take a decision you deem suitable.” Davkhare had said, “There is no precedent of such an issue and hence a committee can be formed to look into the issue.” Fadnavis then told Davkhare, “You can give a ruling after taking some time.” Davkhare then said he would give a ruling post lunch, however, no decision was taken till the end of day on Tuesday.