Shinde Faction’s Whip File Plea As Delay Tactic: Shiv Sena (UBT) Leader Claims |
Shiv Sena (UBT) leader Ajay Chowdhary has claimed that Eknath Shinde faction’s whip Bharat Gogawale had filed the petition in the Bombay High Court challenging the decision of Maharahhtra Speaker Rahul Narwekar not to disqualify UBT’s MLAs with the “primary objective” to “play delay tactics”.
Chowdhary has further claimed that while hearing the plea by Ajit Pawar faction over disqualification of NCP (SP) MLAs, the Supreme Court clarified that it will decide on all the disqualification pleas, including this of Shiv Sena.
Chowdhary filed an affidavit in response to Gogawale’s plea seeking disqualification of 14 MLAs of UBT faction after the Speaker refused to disqualify them for obeying the chief whip of Shiv Sena.
It would be just and proper if the Speaker, Rahul Narwekar, would file his detailed reply giving the basis of passing the judgment dated January 10, 2022 wherein he has disqualified no one. “It is also very strange that the Petitioners have mentioned and listed the matter for urgent hearing without requesting Respondent no.02 Mr Rahul Narvekar to file his say expediently in the matter,” Chowdhary’s affidavit states.
It highlights that Gogawale’s main grievance is the Speaker’s decision.
Chowdhary has pointed out that the Supreme Court, while dealing with the Nationalist Congress Party (NCP) related disqualification Petitions, clearly said that it will itself “deal and decide the Disqualification Petitions” filed in the apex court. The SC rejected the request to hear the maintainability issue along with request of Ajit Pawar faction that the matter be sent to the high court.
“So now it is clear that the petitions shall be dealt with by the Hon’ble Supreme Court,” Chowdhary added.
Further, the SC also “clarified that they will hear all the Disqualification related petitions including the ShivSena related matters”. Hence, all the objections, including on the ground of maintainability, will be considered at the time of final disposal.
“The Apex Court directed that the Special Leave Petition will be listed with SLP (C) Nos 1644-1662 of 2024 [Sunil Prabhu vs Eknath Shinde and Others] to be heard seriatim,” Chowdhary elaborated.
Chowdhary has emphasised that Gogawale’s plea is “part of playing legal tactics to create confusion and delay the matters which are being considered by SC”.
On January 10, the Speaker held that the Shinde-led faction is the “real Shiv Sena” when the rival faction emerged and Gogawale was validly appointed the chief whip. He held that Sunil Prabhu (representing the Uddhav faction) “ceased to be the duly authorised whip from June 21, 2022”. The Speaker had also dismissed the petitions by both the factions seeking disqualification of the rival factions members of Legislative Assembly (MLA).
Gogawale’s petition claims that the Speaker’s decision was “arbitrary, unconstitutional and illegal” and he failed to consider that MLAs from the Sena (UBT) faction had voluntarily given up membership of the party. Therefore, the Speaker’s order of not disqualifying Sena (UBT) MLAs was “bad in law” and should be quashed and set aside.
Following Glgawale’s plea, the Hc had, on January 17, issued notices to 14 MLAs of Shiv Sens (UBT) and the speaker.
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