New Delhi. The disqualification of Shiv Sena MLAs in Maharashtra will now be heard on August 1. On Wednesday, a bench of Chief Justice NV Ramanna heard the matter in the Supreme Court. Senior advocate Kapil Sibal, appearing for Shiv Sena’s Uddhav Thackeray faction, said that if Eknath Shinde’s plea is heard, it will pave the way for toppling any elected government. He said that the new government should not have taken oath when the matter is going on in the Supreme Court.
On his argument, senior advocate Harish Salve, appearing for the Eknath Shinde faction, said that in a democracy, people can gather and tell the Prime Minister that sorry, you can no longer be the PM. Salve also said that a leader who could not even get the support of 20 MLAs, how can he remain the Chief Minister? Significantly, out of 55 Shiv Sena MLAs, 40 have gone with Eknath Shinde and Uddhav Thackeray has only 15 MLAs left. Only after this he had to resign from the post of Chief Minister.
Salve said Eknath Shinde’s rebellion was not a defection. He said- If a large number of people in the party think that another man should lead, then what is wrong in it? If you gain enough strength within the party, stay in the party and question the leader, you tell him that you will defeat him in the House, then it is not defection. He said that defection is when you leave the party and join hands with others. Not when you’re in the party.
On the other hand Kapil Sibal said that MLAs who parted ways from Shiv Sena are disqualified. He did not even merge with any party. He said- If the petition of Shinde faction is heard, then every elected government can be brought down. This would put democracy in danger. Significantly, the Uddhav Thackeray faction had appealed for the disqualification of 16 MLAs, on which Deputy Speaker Narhari Jirwal had issued a notice to the MLAs. On the other hand, two MLAs had sent notices to remove Jirwal. Later, on the appeal of Shinde faction, the new speaker Rahul Narvekar has issued a notice to the MLAs of the Uddhav faction. The matter is being heard in the Supreme Court.