'Eknath Shinde doesn't have 2/3rd majority': Dy Speaker's lawyer buoyant ahead of hearing

Ahead of the Supreme Court hearing today, senior advocate Ravi Shankar Jandhyala opined that Eknath Shinde's camp doesn't have a case against his client and Deputy Speaker Narhari Zarwal. Speaking to the media on June 26 after calling on Maharashtra CM Uddhav Thackeray, Jandhyala rejected the contention that the rebels constitute 2/3rd of the Shiv Sena Legislative Party, citing that a majority is determined by the entire rank and file of the party. Maintaining that their only option is to merge with BJP, Jandhyala also argued that a resolution for the removal of a Speaker can be filed only when the Assembly is in session. 

Senior advocate Ravi Shankar Jandhyala contended, "The party is supreme in the Constitution. The party appoints the (Chief) Whip who issues the whip. Every MLA is of the party. And the legislature comprises Legislative Council and Legislative Assembly. There are MLAs in the Legislative Assembly and MLCs in Legislative Council. Both of them together make the Legislature. Shinde Sahab thought that the 40 MLAs with him constitute a 2/3rd majority. This is not the case. Legislators are more than 75. How can you say 40 is 2/3rd? The rank and file from the Panchayat level to the capital decide the 2/3rd majority."

He added, "There is nothing like split anymore. It has been quashed from paragraph 3 of the 10th Schedule of the Constitution. The only option is a merger. For a merger, 2/3rd of party members from Panchayat to Mumbai have to vote in its favour. Then only, you can merge. In case you want to merge your party with BJP, you can go. Disqualification will follow. But you can't say you are 2/3rds and you can do anything. It is only a political party that can do anything."

"Presently, there is an application filed against the Deputy Speaker saying that we don't have confidence in you and therefore, you don't decide the disqualification cases. An application or a resolution can only be moved when the Assembly is in session. Now, it is not in session. The application given to the Secretary has been summarily rejected. It shouldn't be entertained at all," he elaborated. 

Eknath Shinde camp moves SC

At 10.30 am on Monday, the Supreme Court bench of Justices Surya Kant and JB Pardiwala will hear a plea filed by Maharashtra Minister Eknath Shinde and 15 other rebel Shiv Sena MLAs. The Uddhav Thackeray-led party sought the disqualification of MLAs Shinde, Chimanrao Patil, Balaji Kalyankar, Sanjay Raimulkar, Ramesh Bornare, Mahesh Shinde, Abdul Sattar, Sandipanrao Bhumre, Bharatshet Gogawale, Sanjay Shirsat, Yamini Jadhav, Lata Sonawane, Anil Bhabhar, Tanaji Sawant, Balaji Kinikar and Prakash Surve. They were asked to send a written response to Shiv Sena's petition by 5 pm today.

In his plea, Shinde requested the apex court to impose a stay on this notice and the disqualification notice filed by the Sena until the disposal of his plea. He also challenged the approval of Ajay Choudhari's appointment as the Shiv Sena Legislative Party Leader. On the other hand, the 15 other MLAs urged the SC to direct Zirwal to not act on the disqualification petition until the resolution for his removal is decided. Besides seeking a stay on the disqualification notice, they also called for a direction to the DGP to ensure the arrangement of security for them and their families.