SC to hear Sena MLA Eknath Shinde's plea against disqualification notice

The Supreme Court will hear the petition of rebel Shiv Sena MLA Eknath Shinde, who moved the court seeking a stay on the disqualification notice issued to him and other 15 rebel legislators

The Supreme Court (SC) on Monday will hear the petition of rebel Shiv Sena MLA Eknath Shinde, who moved SC on Sunday seeking a stay on the disqualification notice issued by Maharashtra Deputy Speaker Narahari Zirwal to him and other 15 rebel legislators. 

Shinde, in his plea, has asked the apex court to direct the DY speaker not to take any action on the disqualification plea till the matter of his removal is decided. He has also challenged the appointment of Ajay Choudhari as the Shiv Sena Legislature Party. 

According to reports, a vacation bench of Justices Surya Kant and J B Pardiwala will likely hear the plea by Shinde, who along with a sizable number of Shiv Sena MLAs are camping in a hotel in Assam capital Guwahati as they rebelled against CM Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government ruling Maharashtra. 

Also Read: What is an anti-defection law?

The rebel MLAs want that Shiv Sena withdraws from the ruling coalition of MVA, which also comprises Congress and the Nationalist Congress Party (NCP).

In his petition, Shinde said that he is constrained to invoke the jurisdiction of this Court under Article 32 of the Constitution challenging the "arbitrary and illegal" exercise of provisions of Members of Maharashtra Legislative Assembly (Disqualification on ground of Defection) Rules, 1986 by the deputy speaker which is completely violative of Article 14 and 19(1)(g) of the Constitution.

On Saturday, the Maharashtra legislature secretariat had issued summons to 16 rebels Shiv Sena MLAs, including Shinde, and sought a written reply by June 27 evening to the complaints seeking their disqualification.

Subsequently, Shiv Sena had submitted two letters to the legislature secretariat earlier last week, seeking disqualification of 16 MLAs including Shinde.

Almost 40 MLAs are camping with Shinde in a Guwahati hotel, however, as per media reports, nearly 20 of them are in touch with CM Thackeray as some are against a merger with the BJP.

Sanjay Raut on Sunday lashed out at the party's rebel MLAs calling them "living corpses" and said that their "souls are dead". 

"40 MLAs in Guwahati are living corpses, their souls are dead. Their bodies will be sent directly to the Assembly for post-mortem when they come back. They know what can happen in the fire that has been lit here," Raut said while addressing party workers here.

The political turbulence in Maharashtra was triggered by the faction war in Shiv Sena after Minister Eknath Shinde flew to Surat with some MLAs and then to Guwahati, where he claimed of having the support of 38 MLAs of the 55 Shiv Sena legislators, which is more than two-thirds of the party's strength in the 288-member Maharashtra Legislative Assembly.

Meanwhile on Sunday, supporters of rebel Shiv Sena leader Eknath Shinde blackened posters of Chief Minister Uddhav Thackeray in Thane on Sunday. On the other hand, Shiv Sena workers held 'joote maro andolan' against rebel Shiv Sena MLAs in Pune, Maharashtra.