Maharashtra political crisis: What powers does Speaker have in case of disqualification pleas?

Maharashtra political crisis: After the Shiv Sena sought disqualification of 16 rebel MLAs, all eyes are on Deputy Speaker Narhari Zirwal. The Maharashtra Assembly doesn't have a Speaker at present.

The political crisis has deepened in Maharashtra after the rebellion by senior minister Eknath Shinde and other legislators. Shiv Sena legislative party leader Ajay Chaudhari submitted a petition to the deputy speaker of the state assembly, Narahari Zirwal, demanding the disqualification of 16 MLAs for the breach of directions issued by chief whip Sunil Prabhu for not attending the legislative party’s meeting convened by Chief Minister Uddhav Thackeray on June 22.

Now, the ball is in the court of the Speaker, who will decide the future course of action.

India t=Today analyses the provisions in the Constitution and the powers of the Deputy Speaker in the absence of a speaker in such cases.

In the event of a floor test, the Speaker will have an important role to play. Maharashtra Assembly currently does not have a Speaker. Nana Patole of Congress was originally elected the Speaker, but he quit after being made state Congress chief. No Speaker has been elected since then.

Zirwal, as the Deputy Speaker, would have all the powers of the Speaker. Considering that the state does not have a speaker yet. He can discharge the duties as allowed by Articles 95 and 180. The decisions about the party splitting or disqualification of MLAs would be decided by him under the 10th Schedule.

The 10th Schedule of the Constitution deals with defections both at the Central and the state level. It states that a member of the House shall be disqualified if, after getting elected, s/he gives up the membership of the party or joins another political party. S/he will also be disqualified if s/he votes or abstains from voting in contradiction to the directions issued by the party.

The only exception to the law is if two-thirds of a legislative party decides to defect.