With the Eknath Shinde-led faction refusing to come to the negotiating table, Maharashtra assembly deputy speaker Narhari Zirwal on Saturday began the process of disqualification of rebel legislators. Summons have been issued to 16 MLAs, including Shinde, asking them to file a written reply by Monday evening to a disqualification petition filed by Shiv Sena.
“Following the disqualification request made with the deputy Speaker, summons have been issued against you under the Members of Maharashtra Legislative Assembly [Disqualification on Ground of Defection] Rules, 1986. You can file a written reply in your defence by June 27 till 5.30 pm along with the relevant documents that you feel are necessary for reference,” said the summons issued by Rajendra Bhagwat, principal secretary, Maharashtra legislature, on behalf of the deputy speaker.
“Failing to this, a decision on the disqualification request will be taken considering that you have nothing to say,” it added.
On the other hand, the Shinde camp said they would challenge the summons in court.
Deepak Kesarkar, a rebel MLA, said, “The decision taken by the deputy speaker will be challenged in court as we don’t accept it. As per the constitutional provisions, a group having two-thirds of the MLAs has all the right to choose its own leader. Shinde is leading the legislative party of Sena and no one has left the party.”
He further said they would seek more time to reply to the notices. “We will respond to the notices. Knowing well that it is the weekend, we have been asked to respond within 48 hours. But keeping the principles of natural justice in mind we will seek an extension of a week. There is no urgency.”
{{/usCountry}}He further said they would seek more time to reply to the notices. “We will respond to the notices. Knowing well that it is the weekend, we have been asked to respond within 48 hours. But keeping the principles of natural justice in mind we will seek an extension of a week. There is no urgency.”
{{/usCountry}}Former legislature secretary Anant Kalse, however, said the MLAs would have to reply within the stipulated time and the deputy speaker could take a decision after examining the replies in three days.
The rebel group is also planning to request Governor Bhagat Singh Koshyari to convene a special session of the legislature to move a no-confidence motion against Zirwal.
“We do not have a chairman of the legislative council and speaker of the assembly and the responsibility of the council and assembly lies with the deputy chairman and the deputy speaker. We can’t comment on them but can only bring in a no-confidence motion. If they refuse, we will go to the Governor and demand a special session following which the motion can be put to a vote,” Kesarkar said.
He also said they had taken the decision (rebellion against the party leadership) to safeguard the existence of Sena. “The Nationalist Congress Party has tried to hijack our party, made attempts to defeat our MLAs, and created problems for MPs. Both Congress and the NCP have no majority and in no case will we extend our support to them.”
The legislators who received the summons on Saturday were Shinde, Sanjay Shirsat, Bharat Gogawale, Sandipan Bhumre, Tanaji Sawant, Abdul Sattar, Lata Sonawane, Yamini Jadhav, Prakash Surve, Anil Babar, Balaji Kinnikar, Mahesh Shinde, Chimanrao Patil, Ramesh Bornare, Sanjay Raimulkar, and Balaji Kalyankar.
The summonses were sent to all the MLAs at their mail addresses, an official from the state legislature said.
According to experts, the Governor can call a special session for floor test if he is satisfied that the government is in a minority. “It is also the subjective satisfaction of the Governor,” Kalse said.
A no-confidence motion against Zirwal is also likely to be rejected by the state legislature as it was not filed in a proper proforma and also bears the signatures of MLAs Nitin Deshmukh and Kailash Patil who are with Sena at present. “The no-confidence motion was sent through an email ID which does not belong to a legislator. Also, among the signatures of MLAs, two are from Sena who are against such a motion,” an official from the state legislature said.
Two independent MLAs — Mahesh Baldi and Vinod Aggarwal — who are seen close to the Bharatiya Janata Party — recently filed a notice reminding Zirwal that a no-confidence notice against him was still pending.
(With inputs from Swapnil Rawal)