14 Shiv Sena MLAs of Uddhav camp move SC to quash disqualification proceedings
India Today
14 Shiv Sena MLAs from the Uddhav Thackeray camp have moved the apex court challenging initiation of illegal disqualification proceedings against them by the Speaker of the Maharashtra Legislative Assembly.
In another development in the Maharashtra political crisis, 14 Shiv Sena MLAs from the Uddhav Thackeray camp have moved the Supreme Court challenging initiation of illegal disqualification proceedings against them by the Speaker of the Maharashtra Legislative Assembly.
The case was mentioned before a bench headed by the Chief Justice of India NV Ramana on Monday.
The bench allowed the tagging of the case with other matters pending before the court relating to the Maharashtra political crisis, after a request seeking the same was made by Senior Advocate Devadatt Kamat.
The case will now be heard with other relative petitions on July 20, by a three-judge bench comprising CJI Ramana, Justice Krishna Murari and Justice Hima Kohli.
The present petitioners have submitted that the disqualification proceedings initiated under the Tenth Schedule have been initiated by Bharat Gogawale who illegally claims to be the Chief Whip of the Shiv Sena Legislature Party, and the Speaker has illegally and arbitrarily recognised the same and issued summons.
It has been argued that Gogawale has already incurred disqualification by virtue of his conduct in terms of both para 2(1)(a) as well as para 2(1)(b) of the Tenth Schedule and is no longer a member entitled to file the disqualification petitions.
They have therefore challenged the consequent summons issued by the Speaker of the Maharashtra Legislative Assembly, for being ex facie illegal, arbitrary and in a breach of the rule of law enshrined in Article 14 of the Constitution.
