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Eknath Shinde moves Supreme Court against disqualification notice

Rebel Shiv Sena leader Eknath Shinde moved the Supreme Court against the disqualification notice issued by Maharashtra’s Deputy Speaker Narhari Zirwal against 16 rebel legislators. A vacation bench of Justices Surya Kant and J.B. Pardiwala is likely to hear Mr. Shinde’s plea on Monday.
Maharashtra Minister Uday Samant with Shiva Sena rebel leader Eknath Shinde at the Radisson Blu Hotel in Guwahati on June 26, 2022.

The move came after Shiv Sena MP Arvind Sawant said the party has initiated legal action to disqualify the 16 rebel MLAs.

Advocate Devadatt Kamat, legal counsel for the MVA government said, “Proceedings have been initiated by the Shiv Sena against 16 MLAs under para 2(1) (A) of the 10th Schedule of the Constitution. If a person voluntarily gives up membership of the party, he is liable for disqualification. There are several examples that even if a member commits anti-party activities outside the House, then he is liable to be disqualified. There were several meetings called by the Shiv Sena, none were responded to by the rebel MLAs. Their action of going to another state, writing letters against govt. makes them liable for prosecution for anti-party-activities, and thus liable for disqualification.”

“The rebel MLAs claims of retaining their posts because they have a 2/3rd majority will only only apply if there is a merger (of the group) with another party. Since they have already committed an anti-party act and still there is no merger, disqualification applies,” he added.

Meanwhile, the Sena has also stepped up its attack against the rebel leaders. State Minister Aaditya Thackeray, son of CM Uddhav Thackeray, and party’s chief spokesman Sanjay Raut addressed party cadres in suburban Dahisar to drum up support for the beleaguered party leadership and slammed the Shinde camp.

“We have learnt a lesson on whom to trust....These are bodies whose souls have died. Their mind is dead....40 bodies will come from Assam and will be sent directly to the morgue for postmortem,” Mr. Raut said. Mr. Aaditya Thackeray said that the party’s doors have been closed for the rebel MLAs, who he said had “monstrous ambitions”.

Within the Maha Vikas Aghadi, however, the Nationalist Congress Party has pledged its support to Mr. Uddhav Thackeray amid the growing conflict. MVA leaders met at NCP chief Sharad Pawar’s residence to discuss strategy to break the Sena rebel camp. Ashok Chavan and Balasaheb Thorat of the Congress, Shiv Sena’s Anil Parab and Anil Desai and NCP’s Ajit Pawar and Praful Patel were also present in the meeting.