New Delhi: The Constitution Bench of the Supreme Court of India on Thursday 11 May passed an order with the conclusion that Maharashtra Governor Bhagat Singh Koshyari was not justified in calling upon Uddhav Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him, to reach the conclusion that Thackeray had lost the confidence of the House.
The Supreme Court order passed by the Constitution Bench presided by Chief Justice of India, Justice Dr Dhananjaya Y Chandrachud and comprising of Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice Pamidighantam Sri Narasimha, further states, since the status quo ante cannot be restored as Thackeray did not face the floor test and tendered his resignation; the then Maharashtra Governor was justified in inviting Eknath Shinde to form the government.
On Judgment of the Court
There has been plenty of reaction to the 11 May Supreme Court order. A whatsapp post, sprinkled with cricketing jargon and in light humour, is worth quoting:
Shinde threw a noball to Thackeray. Fadnavis made a false appeal to the umpire. Umpire Koshyari gave a wrong decision and gave out. And thus took Thackeray’s wicket on the no ball. But until the decision of the third umpire, Thackeray left the field and went to Matoshree. “So now they can’t be called back to bat. Had they been on the field, they would have been made to bat. Now continue the rest of the match,” said the third umpire.
More reactions doing the rounds on social media:
Numbers were not with Uddhav. Supreme Court seems out of whack in their decision.
One fails to understand – if the Leader of the House loses support of his MLA’s and Speaker is biased then Governor has to step in.
Is it ‘Judicialization of Politics’, wherein the Supreme Court takes the centerstage, without being answerable to anyone.
It is a classic case of entry of wokism in judiciary
The exercise of discretion by the Governor in directing Mr. Thackeray to face a floor test
Recounting the relevant facts, the Supreme Court order has brought on record that thirty-four MLAs of the Shiv Sena met and passed a resolution on 21 June 2022. The resolution reaffirmed that Mr. Eknath Shinde “continues to be” the Group Leader of the SSLP, cancelled the appointment of Mr. Sunil Prabhu as the Chief Whip, and appointed Mr. Bharat Gogawale in his place. The signatories also expressed their discontent and dissatisfaction with the Shiv Sena for forming the Government in alliance with the INC and the NCP. Separately, on 28 June 2022, the Governor received letters from the Leader of Opposition at the time, Mr. Devendra Fadnavis, and seven MLAs who were elected as independent candidates requesting him to direct Mr. Thackeray to prove his majority on the floor of the House. On the same day, the Governor issued the communication impugned in WP(C) 470 of 2022 to Mr. Thackeray, directing him to prove his majority on the floor of the House on 30 June 2022. Mr. Thackeray resigned on 29 June 2022 after this Court declined to stay the trust vote. Thus, WP(C) 470 of 2022 has been rendered infructuous. This Court ws no longer called upon to set aside the letter dated 28 June 2022. However, the question of whether the Governor exercised the discretion vested in him by the Constitution in accordance with law is required to be addressed by this Court in view of the enormity of the responsibility entrusted with the gubernatorial office as well as the significance of the consequences which follow from the exercise of such discretion.
The Order says “The Governor had no objective material on the basis of which he could doubt the confidence of the incumbent government. The resolution on which the Governor relied did not contain any indication that the MLAs wished to exit from the MVA government. The communication expressing discontent on the part of some MLAs is not sufficient for the Governor to call for a floor test.”
Intra party dispute was one side of the political imbroglio and Thackery commanding majority support in the House was another. In this matter, the Governor obviously without being guided by any bias and political considerations had risen to the occasion and used his discretion when he asked Thackery to prove his majority on the floor of the House. If the Governor was lacking objective material and had erred in doubting the confidence of the incumbent government, Thackery had no reason to resign. He had been given the opportunity to prove his majority. It is also important to note that the Governor had not decided that Thackery had lost confidence. He had only asked him to go for a floor test to prove his majority. The floor test had not been called to reslve intra party dispute.
The instant order of the Supreme Court also refers to the famous S.R Bommai case and underscores citing that order that the Governor cannot decide whether the Council of Ministers has lost the majority. Further, it points out “the political imbroglio in Maharashtra arose as a result of party differences within the Shiv Sena.
Rightly, the Supreme Court has asserted that “the floor test cannot be used as a medium to resolve internal party disputes or intra party disputes. Dissent and disagreement within a political party must be resolved in accordance with the remedies prescribed under the party constitution, or through any other methods that the party chooses to opt for. There is a marked difference between a party not supporting a government, and individuals within a party expressing their discontent with their party leadership and functioning”.
On 29 June 2022, the Supreme Court had responded to writ petitions by declining the pray to stay convening of the Special Session of the Maharashtra Vidhan Sabha on 30 June 2022, with the only agenda of a trust vote
Supreme Court of India, in its order on 11 May has categorically stated that the apex Court cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule in the first instance. There are no extraordinary circumstances in the instant case that warrant the exercise of jurisdiction by this Court to adjudicate disqualification petitions, the order says.
Further the Supreme Court has said that the Speaker must decide disqualification petitions within a reasonable period.
Also, it has been emphasised by the Supreme Court that an MLA has the right to participate in the proceedings of the House regardless of the pendency of any petitions for their disqualification. The validity of the proceedings of the House in the interregnum is not “subject to” the outcome of the disqualification petitions, the Constitution Bench has said validating the 29 June order.
Another point underscored in the order is that the political party and not the legislature party appoints the Whip and the Leader of the party in the House. Further, the direction to vote in a particular manner or to abstain from voting is issued by the political party and not the legislature party. The decision of the Speaker as communicated by the Deputy Secretary to the Maharashtra Legislative Assembly on 3 July 2022 is contrary to law. The Speaker shall recognize the Whip and the Leader who are duly authorised by the Shiv Sena political party with reference to the provisions of the party constitution, after conducting an enquiry in this regard and in keeping with the principles discussed in this judgement, the Supreme Court has ordered.
The Speaker and the ECI are empowered to concurrently adjudicate on the petitions before them under the Tenth Schedule and under Paragraph 15 of the Symbols Order respectively. While adjudicating petitions under Paragraph 15 of the Symbols Order, the ECI may apply a test that is best suited to the facts and circumstances of the case before it.
The effect of the deletion of Paragraph 3 of the Tenth Schedule, the Supreme Court order states, is that the defence of ‘split’ is no longer available to members facing disqualification proceedings. The Speaker would prima facie determine who the political party is for the purpose of adjudicating disqualification petitions under Paragraph 2(1) of the Tenth Schedule, where two or more factions claim to be that political party.
Background of the case, as mentioned in the Supreme Court order, is being given below:
The Writ Petitions instituted before the Supreme Court under Article 32 of the Constitution arose from the political imbroglio in the State Legislature of Maharashtra. A coalition consisting of the Shiv Sena, the Nationalist Congress Party, the Indian National Congress, and certain independent Members of the Legislative Assembly formed the government in the State of Maharashtra with Mr. Uddhav Thackeray of the Shiv Sena as the Chief Minister.
Certain events transpired in mid-2022 which led to the formation of a new government by a
coalition consisting of a faction of the Shiv Sena (which claimed to be the “real” Shiv
Sena), the Bharatiya Janata Party, and certain independent MLAs.
Mr. Eknath Shinde of the Shiv Sena helmed the second government as its Chief Minister. The
change in the composition of the government in the State of Maharashtra was precipitated by the emergence of two factions within the Shiv Sena. Various issues arising from these events fall to be determined by this Court in these proceedings.
A detailed narration of the factual background is as follows:
The elections to the 14th Legislative Assembly of Maharashtra were held in October 2019. Of a total of two hundred and eighty-eight seats, the BJP returned candidates in one hundred and six seats, the Shiv Sena in fifty-six seats, the NCP in fifty-three seats, and the INC in forty-four seats. Independent candidates were returned in thirteen constituencies and the remaining constituencies returned candidates from various other parties. In November 2019, the Shiv Sena, the NCP, and the INC formed a post-poll alliance which came to be known as the Maha Vikas Aghadi.
The MVA successfully staked a claim to form the government in Maharashtra and Mr. Uddhav Thackeray was sworn in as the Chief Minister. On 25 November 2019, pursuant to a meeting chaired by Mr. Uddhav Thackeray, all fifty-six MLAs of the Shiv Sena issued a communication to the Speaker of the Maharashtra Legislative Assembly intimating him that Mr. Eknath Shinde was appointed as the Group Leader of the Shiv Sena Legislature Party and that Mr. Sunil Prabhu was appointed as the Chief Whip of the SSLP.
The MVA continued to govern the State of Maharashtra until June 2022, when news reports revealed that some MLAs who belonged to the Shiv Sena were meeting with leaders of the BJP. At this time, the office of the Speaker lay vacant, and the functions of the Speaker were being discharged by the Deputy Speaker, Mr. Narhari Zirwal.
The events which followed indicate that the SSLP fractured into two factions: one led by the then Chief Minister, Mr. Uddhav Thackeray, and the other led by the Group Leader of the SSLP, Mr. Eknath Shinde. Each faction claimed to represent the “real” political party and passed various resolutions pertaining to the affairs of the SSLP. For ease of reference, The Supreme Court hass referred to the faction led by Mr. Thackeray as the petitioners and the faction led by Mr. Shinde as the respondents.
On 21 June 2022, the Chief Whip of the Shiv Sena, Mr. Sunil Prabhu, issued a whip directing all MLAs of the Shiv Sena to attend a meeting at Mr. Thackeray’s residence on the same day. Many MLAs, including the Group Leader Mr. Eknath Shinde, did not attend this meeting. The MLAs who were in attendance passed a resolution removing Mr. Eknath Shinde from the position of the Group Leader of the SSLP and appointing one Mr. Ajay Choudhari in his place. The decisions taken by way of this resolution were communicated to the Deputy Speaker on the same day, i.e., 21 June 2022. Also on the same day, the Deputy Speaker communicated his acceptance of the change in the Group Leader of the SSLP.
Concurrently, thirty-four MLAs of the Shiv Sena (i.e., the respondents) organized a separate meeting and passed a resolution reaffirming that Mr. Eknath Shinde “continues to be” the Group Leader of the SSLP. It was further resolved that the appointment of Mr. Sunil Prabhu as the Chief Whip was cancelled, and that Mr. Bharat Gogawale was appointed in his place. The resolution is dated 21 June 2022 and was purportedly passed in Guwahati, Assam. The petitioners claim that it was received by the Deputy Speaker only on 22 June 2022 while the
respondents claim that it was sent on 21 June 2022.
Mr. Eknath Shinde wrote to the Deputy Speaker communicating the details of the resolution passed by the thirty-four MLAs of the Shiv Sena, by which his appointment as the Group Leader of the SSLP was reaffirmed. He requested the Deputy Speaker not to recognize Mr. Ajay Choudhari as the Group Leader in view of the resolution reaffirming his appointment. Once again, the petitioners claim that the Deputy Speaker received this communication on 22 June 2022 and the respondents aver that it was sent on 21 June 2022.
The notice was issued under Article 179(c) of the Constitution read with Rule 11 of the Maharashtra Legislative Assembly Rules 2019. The petitioners claim that this notice, too, was received by the Deputy Speaker on 22 June 2022. The respondents maintain that it was sent
on the preceding day, 21 June 2022.
On 22 June 2022, Mr. Sunil Prabhu issued individual communications to all MLAs of the Shiv Sena, calling upon them to attend a meeting of the SSLP scheduled to take place that evening at Mr. Thackeray’s residence. The communication stated as follows:
“…failure to participate in the meeting without providing valid and adequate reasons in writing, communicated in advance to the undersigned, will result in consequential action against you under the relevant provisions of the Constitution of India.”
The meeting on 22 June 2022, too, was not attended by many MLAs of the Shiv Sena including Mr. Eknath Shinde.
Mr. Eknath Shinde addressed a letter to Mr. Sunil Prabhu on 22 June 2022 accusing him of misusing the letterhead of the SSLP. The letter stated that:
a. A meeting of forty-five MLAs of the Shiv Sena was held under the chairmanship of Mr. Eknath Shinde;
b. Mr. Sunil Prabhu was removed from the position of Chief Whip of the Shiv Sena;
c. Mr. Bharat Gogawale was appointed as the Chief Whip of the Shiv Sena in place of Mr. Sunil Prabhu; and
d. Mr. Sunil Prabhu did not have the authority to sign the communication dated 22 June 2022 (issued by him to all MLAs of the Shiv Sena). It was therefore not binding upon Mr. Eknath Shinde to attend the meeting scheduled to take place at Mr. Thackeray’s residence.
On 23 June 2022, Mr. Sunil Prabhu filed petitions under Paragraph 2(1)(a) of the Tenth Schedule to the Constitution for the disqualification of Mr. Eknath Shinde and fifteen other MLAs of the Shiv Sena. The Deputy Speaker issued notices in these disqualification petitions on 25 June 2022. The relevant portion of the order issuing notice is reproduced below:
“You are instructed to submit written submissions as per the procedure laid in the Members of Maharashtra Legislative Assembly (Disqualification on Ground of Defection) Rules 1986 by Monday, 27th June 2022 by 5.30 pm to Deputy Speaker.”
On 27 June 2022, the jurisdiction of Supreme Court under Article 32 was invoked by the respondents challenging the notice issued in the disqualification petitions.
The Supreme Court passed an interim order on the same day in the following terms, extending the time to respond to the disqualification petitions from 27 June 2022 to 12 July 2022:
“Meanwhile as an interim measure, the time granted by the Deputy Speaker of the Assembly to the petitioners or other similarly placed Members of the Legislative Assembly to submit their written submissions up to today by 5.30P.M., is extended till 12.07.2022.”
Separately, Mr. Sunil Prabhu filed petitions for the disqualification of two independent MLAs as well as one MLA of the Prahar Janshakti Party on 25 June 2022 and against twenty-two MLAs of the Shiv Sena on 27 June 2022.
On 28 June 2022, the then Leader of Opposition Mr. Devendra Fadnavis addressed a letter to the Governor inter alia conveying that he believed that the then Chief Minister, Mr. Thackeray, did not enjoy a majority on the floor of the House. He called upon the Governor to direct Mr. Thackeray to prove his majority on the floor of the House. Seven MLAs who were elected as independent candidates penned a similar letter to the Governor on the same day. They too requested the Governor to direct Mr. Thackeray to prove his majority on the floor of the House.
The Governor issued a letter to the then Chief Minister, Mr. Uddhav Thackeray on 28 June 2022, calling upon him to face a floor test on 30 June 2022. The communication specified the manner in which the trust vote was to be conducted in the following terms:
“(i) A Special session of the Maharashtra Vidhan Sabha be summoned on 30.06.2022 at 11:00 AM with the only agenda of a trust vote against the Government.
(ii) The business of the house shall be conducted in such a way that the speeches, if any, are concluded in a short period of time and the trust vote is concluded on 30.06.2022 by 5:00 PM.
(iii) The voting will be conducted by asking Members to rise in their seats for the purpose of counting votes as contemplated under the Maharashtra Legislative Assembly Rules.
(iv) The Proceedings have to be live telecast, and appropriate arrangements are to be made to ensure the same.
(v) The entire proceedings of the trust vote shall be videographed by the Vidhan Sabha Secretariat through an independent agency and shall be submitted to me.
(vi) The aforesaid proceedings shall be started on 30.06.2022 at 11:00 AM and no case shall be same be adjourned, delayed or suspended.
(vii) Adequate arrangements shall be made for the security of the Members both outside and inside the Vidhan Bhavan to ensure smooth conducting of the floor test.”
The Governor also issued a communication dated 28 June 2022 to the Secretary, Maharashtra Legislative Assembly calling upon him to make necessary arrangements for the session of the Maharashtra Legislative Assembly at which the floor test was to be conducted.
On the very next day (29 June 2022), Mr. Sunil Prabhu instituted a Writ Petition before the Supreme Court for setting aside the communications dated 28 June 2022 issued by the Governor to the Chief Minister as also to the Secretary, Maharashtra Legislative Assembly, on the ground that disqualification petitions against forty-two MLAs of the Shiv Sena were pending consideration before the Deputy Speaker.
The Supreme Court declined to stay the trust vote. The relevant portion of the order passed by the Court on 29 June 2022 is reproduced below:
“(i) We do not find any ground to stay convening of the Special Session of the Maharashtra Vidhan Sabha on 30-6-2022, i.e, tomorrow at 11.00 a.m. with the only agenda of a trust vote;
(ii) The proceedings of the trust vote to be convened on 30-6-2022 shall be subject to the final outcome of the instant Writ Petition as well the Writ Petitions referred to above;
(iii) the Special Session of the Maharashtra Vidha Sabha shall be conducted in accordance with the directions as contained in the communication dated 28-6-2022 of the Governor of Maharashtra.”
Mr. Thackeray, resigned on the same day.
On 30 June 2022, Mr. Devendra Fadnavis wrote a letter to the Governor stating that one hundred and six MLAs from BJP and eight independent and other MLAs were extending support to Mr. Eknath Shinde to form the government. On the same day, Mr. Shinde submitted a letter to the Governor along with a resolution by thirty-nine MLAs from the SSLP unanimously resolving to authorise Mr. Shinde to initiate proceedings to form the government in the State. In said letter, Mr. Shinde claimed the support of one hundred and six BJP MLAs and seventeen independent and other MLAs. Moreover, Mr. Shinde claimed that he had the support of the majority and requested the Governor to invite him to take oath as the Chief Minister.
On 30 June 2022, sixteen MLAs who were independent candidates or belonged to parties other than the Shiv Sena, BJP, INC, and NCP wrote to the Governor expressing their support for a government led by Mr. Shinde. On the same day, the Governor issued a communication to Mr. Shinde inviting him to take oath as the Chief Minister and requesting him to prove that he enjoyed the confidence of the Assembly within a period of seven days of taking over as the Chief Minister.
The Governor administered the oath of office to Mr. Shinde and Mr. Fadnavis on 30 June 2022 and they assumed the roles of Chief Minister and Deputy Chief Minister of Maharashtra, respectively. On the same day, Mr. Thackeray issued a letter to Mr. Shinde stating that he had been removed from the post of ‘Shiv Sena Leader’ in the organisational structure of the party. Mr. Thackeray similarly removed other MLAs of the Shiv Sena from their roles as
office-bearers of the party.
The election of the Speaker
Later that week, the Principal Secretary of the Maharashtra Legislative Assembly circulated the working order for the session which was scheduled to take place on 3 July 2022. The fifth item on the agenda reflected that the election for the post of the Speaker was to be conducted. An MLA belonging to the BJP nominated Mr. Rahul Narwekar of the BJP for this position while an MLA of the Shiv Sena (ostensibly from Mr. Thackeray’s faction) nominated Mr. Rajan Salvi of the Shiv Sena. Further, a motion of confidence for the Council of Ministers headed by the Chief Minister, Mr. Shinde, was scheduled to be moved in a session of the
Assembly on 4 July 2022.
In view of the agenda for the sessions of the Assembly, Mr. Sunil Prabhu issued two whips on 2 July 2022. The first whip directed all MLAs of the Shiv Sena to attend the session of the Maharashtra Legislative Assembly on 4 July 2022 and vote against the motion of confidence for the Council of Ministers headed by the Chief Minister, Mr. Shinde. The second whip directed all MLAs of the Shiv Sena to attend the session of the Maharashtra Legislative Assembly on 3 July 2022 and vote for the Shiv Sena’s candidate, Mr. Rajan Salvi, in the election for the post of the Speaker.
The election for the post of the Speaker was conducted as scheduled and Mr. Rahul Narwekar of the BJP emerged victorious, with a total of one hundred and sixty-four votes cast in his favour. Thirty-nine MLAs of the Shiv Sena (led by Mr. Shinde) voted in favour of Mr. Rahul Narwekar’s candidature. Consequently, Mr. Sunil Prabhu instituted fresh disqualification proceedings against these MLAs under Paragraph 2(1)(b) of the Tenth Schedule to the Constitution for violating the whip issued by him.
After assuming office as the Speaker of the House, Mr. Rahul Narwekar cancelled the approval granted to Mr. Ajay Choudhari as the Leader of the SSLP and approved the appointment of Mr. Eknath Shinde in his place. Further, he recognized Mr. Bharat Gogawale as the Chief Whip of the Shiv Sena in place of Mr. Sunil Prabhu. These decisions of the Speaker were recorded in a communication dated 3 July 2022 issued by the Deputy Secretary of the Maharashtra Legislative Assembly, the relevant portion of which is extracted
“…after deliberation … Hon’ble Speaker, Maharashtra Legislative Assembly has cancelled the approval granted to Shri Ajay Choudhari as leader, Shiv Sena Legislative Party and approves & recognizes the nomination of Shri Eknath Shinde as Leader, Shiv Sena Legislative Party as per the letter dated 31st October 2019.
Similarly, the proposal to nominate Shri Sunil Prabhu as Chief Whip of Shiv Sena Legislative Party is to be cancelled and to recognize the nomination of Shri Bharat Gogawale as Chief Whip of Shiv Sena Legislative Party has been approved and recorded in the registry.” Mr. Bharat Gogawale issued a whip on 3 July 2022 directing all MLAs of the Shiv Sena to attend the session of the Maharashtra Legislative Assembly on 4 July 2022 and vote in favour of the motion of confidence for the Council of Ministers headed by the Chief Minister, Mr. Shinde.
In June 2022, Mr. Thackeray was the Chief Minister, Mr. Shinde was the Leader of the SSLP, and Mr. Sunil Prabhu was the Chief Whip of the Shiv Sena. However, by 3 July 2022, Mr. Thackeray had resigned from the position of Chief Minister and Mr. Shinde was the Chief Minister, Mr. Ajay Choudhari was recognized as the Leader of the SSLP and subsequently replaced by Mr. Shinde, and Mr. Bharat Gogawale was recognized as the Chief Whip in place of Mr. Sunil Prabhu. Each faction continued to claim that the appointments made by them and communicated to the Speaker or the Deputy Speaker, as the case may be, were legal and valid, and that the appointments made by the opposite faction were illegal and invalid. Time and again, the question of who the “real” Shiv Sena was, arose.
Soon after the election of the Speaker, some MLAs of the Shiv Sena who belonged to Mr. Thackeray’s faction issued (on two different occasions) notices of intention to move a resolution for the removal of Mr. Rahul Narwekar from the office of the Speaker under Article 179(c) of the Constitution read with Rule 11 of the Maharashtra Legislative Assembly Rules 2019.
On 4 July 2022, a motion of confidence was moved on the floor of the Maharashtra Legislative Assembly. The House expressed its confidence in Mr. Shinde. As a consequence, Mr. Sunil Prabhu filed fresh petitions for the disqualification of thirty-nine MLAs (led by Mr. Shinde) under Paragraph 2(1)(b) of the Tenth Schedule for violating the whip issued by him on 2 July 2022. Similarly, Mr. Bharat Gogawale filed petitions for the disqualification of fourteen MLAs of the Shiv Sena (led by Mr. Thackeray) under Paragraphs 2(1)(a) and 2(1)(b) of the
Tenth Schedule for violating the whip issued by him on 3 July 2022. On 8 July 2022, Mr. Rahul Narwekar issued notices in the latter set of disqualification petitions.
The proceedings before the Election Commission of India
On 19 July 2022, Mr. Eknath Shinde filed a petition before the ECI under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order 1968 for the allotment of the symbol of the Shiv Sena, i.e., the ‘bow and arrow,’ to the faction led by him. The ECI directed the groups led by Mr. Shinde and Mr. Thackeray to furnish their written submissions and any documents in favour of their claims.
Thereafter, the petitioners filed two interlocutory applications for the impleadment of the ECI in WP(C) 493 of 2022 and for a stay on the proceedings before the ECI. The first of these (for impleadment of the ECI) was allowed by this Court by its order dated 27 September 2022. The interlocutory application seeking a stay was dismissed by the same order.
On 17 October 2022, the ECI passed an order granting the ‘bow and arrow’ symbol to the group led by Mr. Shinde.
The proceedings arose from six Writ Petitions filed by members of the groups led by both Mr. Thackeray as well as Mr. Shinde. The reliefs sought in each of these petitions are stated below:
Case details: WP(C) 493 of 2022
a. Quash the decision of the Governor dated 30 June 2022 inviting Mr. Eknath Shinde to take oath as the Chief Minister of Maharashtra, and form the Government; and/or
b. Quash the proceedings of the Maharashtra Legislative Assembly held on 3 July 2022, and consequently the election of the Speaker; and/or
c. Quash the proceedings of the Maharashtra Legislative Assembly held on 4 July 2022, and consequently the Confidence Motion in favour of Mr. Eknath Shinde; and/or
d. Call for the records of all pending disqualification petitions filed against Eknath Shinde and the other MLAs led by him pending before the Speaker and the Deputy Speaker under Paragraph 2(1)(a) and Paragraph 2(1)(b) of the Tenth Schedule and transfer these petitions to this Court under Article 142 of the Constitution and decide them.
Case details: WP(C) 469 of 2022WP
a. Direct the Deputy Speaker to not take any action in the petition for disqualification of Mr. Eknath Shinde under Paragraph 2(1)(a) of the Tenth Schedule until the resolution for the removal of the Deputy Speaker is decided;
b. In the interim, stay the effect and operation of the notice dated 25 June 2022 issued by the Deputy Speaker to Eknath Shinde;
c. Quash the letter / order dated 21 June 2022 passed by the Deputy Speaker accepting the appointment of Mr. Ajay Choudhari as the Leader of Shiv Sena Legislature Party;
d. In the interim, stay the effect and operation of the letter/order dated 21 June 2022 passed by the Deputy Speaker recognising the appointment of Mr. Ajay Choudhari as the Leader of the Shiv Sena Legislature Party;
e. Direct the Union of India and the Director General of Police, Maharashtra to provide security to the family of Mr. Eknath Shinde and all his supporters within the Shiv Sena Legislature Party.
Case details: WP(C) 468 of 2022
a. Direct the Deputy Speaker to not take any action in the petitions for disqualification of the petitioners in this petition under Paragraph 2(1)(a) of the Tenth Schedule until the resolution for the removal of the Deputy Speaker is decided;
b. In the interim, to stay the effect and operation of the notice dated 25 June 2022 issued to the Petitioners by the Deputy Speaker;
c. Direct the DGP, Maharashtra to ensure that there shall be no hindrance to any of the MLAs taking recourse to their rights and liberties as citizens and arrange for security to be provided to all the MLAs and their families.
Case details: WP(C) 479 of 2022
- Quash the communication dated 3 July 2022 issued by the Speaker of the Maharashtra Legislative Assembly.
Case details: WP(C) 470 of 2022
a. Set aside the communication dated 28 June 2022 sent by the Governor to Mr. Uddhav Thackeray as well as to the Secretary, Maharashtra Legislative Assembly.