Express News Service
MUMBAI: The Supreme Court’s decision on Wednesday to postpone the hearing about the Shiv Sena MLAs’ disqualification has put the Maharashtra Cabinet expansion in a state of limbo.
However, Deputy CM Devendra Fadnavis said the court order and Cabinet expansion have no correlation.
“Cabinet expansion has not been delayed because of the Supreme Court order. We will soon carry it out,” Fadnavis said.
“It has been more than 20 days since Eknath Shinde was sworn in as the CM, but he has not been able to allot the workload to his Cabinet colleagues. It is currently a two-person Cabinet, comprising the CM and deputy CM. People are suffering due to floods while the CM is making tours of Delhi,” Atul Londe, spokesperson of Maharashtra Congress, said.
Hitting back, Shinde said that there was no need for him to sit at the Mantralaya all the time as wherever he goes, he carries his official work along and signs documents.
Shinde, who hails from Thane district, was speaking at a rally in Mumbai on Monday evening.
He said his work continues irrespective of whether he is in the Mantralaya, the state secretariat located in south Mumbai, or elsewhere.
“Yesterday, somebody alleged that there is no work going on in Mantralaya. But I want say that wherever I go, it becomes my Mantralaya. I sign documents and other papers on the move. My work continues wherever I go, be it Thane, Mantralaya or any other place,” he said.
“Even when I visit some function, my work does not stop. I do not have to sit at Mantralaya to read or sign papers. Once any document comes to me, I sign it immediately. One gets this kind of opportunity (to work as CM) rarely. I am not afraid of signing papers. Are we doing anything wrong?” Shinde asked.
Sources in the Shinde camp said appointing ministers now may have negative repercussions.
“If Supreme Court passes any unwanted order, the Shinde-Fadnavis government will face a big embarrassment. They want to avoid that. Also, all the 40 Sena MLAs who supported Shinde want a Cabinet berth or appointment as minister for state. So the CM is in a Catch-22 situation,” a leader close to him said.
The Supreme Court on Wednesday said the petitions filed by the Shiv Sena and its rebel MLAs raise many constitutional questions relating to defection, merger and disqualification, which may require consideration by a larger bench.
A bench headed by Chief Justice N V Ramana directed the parties to formulate the issues that require examination by a larger bench by July 27.
“After hearing the counsels, it has been agreed that some issues may, if necessary, be referred to a larger bench also. Keeping in mind the same, to enable the parties to frame the issues, let them file the same preferably by next Wednesday,” the bench, also comprising justices Krishna Murari and Hima Kohli, said.
The apex court asked the parties to the case to frame issues by July 27 for consideration by a larger bench and the matter would be heard on August 1.
The bench was hearing five pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government in the state.
At the outset, senior advocate Kapil Sibal, appearing for the Uddhav Thackeray faction of the Shiv Sena, told the bench that the speaker of the Assembly recognising a whip other than the official whip nominated by the party is malafide.
“What happens to the verdict of people? The 10th schedule is turned topsy-turvy and has been used to instigate defection,” Sibal told the bench.
He submitted that the governor could not have sworn in an individual (Eknath Shinde) who had sought to separate himself from the party elected to power by people and thus, was disqualified under the 10th schedule of the Constitution.
Senior advocate Abhishek Manu Singhvi, appearing for the former chief whip of the Shiv Sena, Sunil Prabhu, said a day before departing for Guwahati, the members of the party’s rebel faction sent an e-mail to the deputy speaker, seeking his removal.
“This email was sent from an unauthorised email ID. The deputy speaker takes it, seizes it and says it is not on record,” Singhvi said while terming the majority attained by the Shinde faction in the Maharashtra Assembly a “contrived majority”.
Senior advocate Harish Salve, appearing for Chief Minister Shinde, stated that in a democracy, people may gang up and tell the prime minister that “sorry, you cannot continue”.
“If a leader gathers strength within the party and stays in it to question its leader without leaving the party, it is not defection,” Salve submitted.
He asked the court that if a large number of people in a political party feel that another man should lead them, what is wrong in it? “Heavens do not fall if a chief minister is changed.
Let us get into if the speaker was appointed as per law and not on the crisis of democracy and all that,” Salve said.
At this juncture, the CJI said, “Initially, I had some doubts. This is a politically sensitive case and I do not want to give an impression that we are tilted.”
The CJI-led bench had, on July 11, granted interim relief to the Thackeray faction MLAs by asking Maharashtra Assembly Speaker Rahul Narwekar not to proceed with a plea seeking their disqualification as sought by the Shinde group on the ground of defying the party whip during the trust vote and the election of the speaker.
The top court is seized of five petitions and the first one was filed by the Shinde faction during the summer vacation, wherein some rebel Sena MLAs challenged the disqualification proceedings initiated by the deputy speaker.
The four remaining pleas and now the fifth one have been filed by the Thackeray faction.
On June 27, the vacation bench of the court extended the time for the rebel MLAs to file written responses to the deputy speaker’s disqualification notice till July 12.
On July 3, Narvekar of the Bharatiya Janata Party (BJP) was elected as the speaker of the Maharashtra Assembly.
He had polled 164 votes and defeated Thackeray-led Shiv Sena candidate Rajan Salvi, who had secured 107 votes.
A day before the floor test, Narvekar had recognised Gogawale as the Shiv Sena’s chief whip, removing Prabhu, who belongs to the Thackeray faction.
After winning the trust vote in the Assembly on July 4, the Shinde faction issued a notice to 14 legislators from the Thackeray camp for violating a whip issued by Gogawale, the Sena whip and a Shinde loyalist.
Both sides have accused each other of defying the party whip during the speaker’s election and the trust vote on July 3 and July 4 respectively, seeking disqualification of the legislators from both sides.
The Maharashtra legislature secretary also came into the picture and issued show-cause notices to 53 of the total 55 Shiv Sena MLAs in the state — 39 from the Shinde faction and 14 from the Thackeray group.
The notices were issued under the Members of Maharashtra Legislative Assembly (Disqualification on Grounds of Defection) Rules.
In the trust vote, 164 MLAs had voted for the motion of confidence, while 99 had voted against it.
The Thackeray faction has also challenged the validity of the Assembly proceedings held on July 3 and July 4, in which a new speaker of the House was elected and the subsequent proceedings of floor test, in which the Shinde-led coalition had proved its majority.
It has also filed a plea challenging the decision of the newly-elected speaker to recognise the new party whip of the Sena rebels led by Shinde.
Prior to this, Prabhu had moved the top court seeking suspension from the Assembly of the chief minister and 15 rebel Sena MLAs against whom the disqualification pleas are pending.
The vacation bench of the court had, on June 27, granted interim relief to the Shinde faction by extending the time for replying to the disqualification notices sent to the 16 rebel Sena MLAs till July 12.
On June 29, the Maharashtra Governor had ordered a floor test, prompting the MVA government to rush to the top court, seeking its deferment.
The bench refused to stay the governor’s direction to the 31-month-old MVA government to take a floor test in the Assembly to prove its majority, after which the then beleaguered chief minister Thackeray quit office.
After Shinde was sworn in as the chief minister on June 30, Prabhu moved the top court seeking his suspension and that of 15 Sena rebels on various grounds, alleging that they were acting as pawns of the BJP, thereby committing the constitutional sin of defection.
In a communication to the EC, the Shinde faction has claimed to be the real Shiv Sena and cited the recognition granted to it by Lok Sabha Speaker Om Birla and Maharashtra Assembly Speaker Rahul Narwekar.
At least 40 of the 55 Shiv Sena MLAs in Maharashtra declared support to rebel leader Shinde, who was sworn in as the chief minister of the state on June 30.
On Tuesday, Shinde announced the name of Rahul Shewale as the party’s floor leader in the Lok Sabha and that of Bhawna Gawli as its chief whip.
The Lok Sabha speaker granted recognition to Shewale as the leader of the Shiv Sena in the Lower House of Parliament.
The claim over the symbol assumes significance as the Supreme Court directed the Maharashtra State Election Commission on Wednesday to notify elections to local bodies within two weeks.
Elections are due in several civic bodies in Maharashtra, including the Brihanmumbai Municipal Corporation (BMC), which would indicate which Sena faction gets popular support.
Earlier, the Uddhav Thackeray faction of the Shiv Sena had written to the EC, requesting it to hear its views before making any decision on representations for claims over the party name and its poll symbol.
Maharashtra hearing: Shiv Sena factions exchange arguments in SC over defection
Heavens don’t fall when a chief minister is changed and in a democracy, people may even ask the prime minister to step down, the counsel for Shiv Sena’s Eknath Shinde group said Wednesday in the Supreme Court.
The apex court was hearing the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis which raised constitutional issues including splits, mergers of political parties, defections, and disqualifications.
The Uddhav Thackeray faction of the Shiv Sena, challenging the disqualification proceedings initiated against its MLAs, asserted before a bench headed by Chief Justice N V Ramana that the Tenth Schedule was meant to stop defection but it has now been used to instigate it.
While a battery of senior lawyers including Kapil Sibal and A M Singhvi argued on behalf of the Uddhav faction, the Shinde group was led by senior advocate Harish Salve who said, “In a democracy, people may gang up and tell the prime minister that sorry, you cannot continue.”
“Heavens do not fall if a chief minister is changed. Let us get into if the Speaker was appointed as per law and not on the crisis of democracy and all that. Raising a voice within the party without crossing the ‘Lakshman Rekha’ is not an act of defection,” Salve said.
Sibal told the bench, also comprising Justices Krishna Murari and Hima Kohli, that if this principle (of defection) is to be accepted then every elected government in this country can be toppled as there is no protection under the Tenth schedule.
“What happens to the verdict of people? The Tenth Schedule, meant to stop defection, has turned topsy-turvy and has been used to instigate defection,” Sibal said, adding that the protection against disqualification is available in case of a merger and not in the case of the split of a party.
He said 40 members of Shiv Sena, by their conduct, are deemed to have incurred disqualification by giving up party membership as per para 2 of the tenth schedule.
“By voting for a candidate put up by BJP as Speaker in violation of official whip, they have attracted disqualification.
Now coming to the Governor, the Governor should not have sworn in the new government when the Supreme Court was hearing the matters,” Sibal said.
He said the Governor could not have sworn the individual who has chosen to separate from the political parties and have incurred disqualification.
“Speaker recognising a whip other than the official whip nominated by the party is malafide.
When disqualified members elect a person and they stand disqualified, then the election itself is bad.
“These are all part of the record, these will decide if they have incurred disqualification or not.
Records of Assembly should be called for.
Under which provision of the tenth schedule they are protected The court needs to decide the issues based on official documents as they are part of the records,” he said.
“Selected people have been taken over by means which I will not refer to in this court and the Governor installed a new government.
What happens to the verdict of the people? he said adding the Tenth Schedule is turned topsy-turvy and has been used to instigate defection.
“Now the members who have voluntarily given up membership go to the Election Commission and we will decide which is the political party as if the ECI has retrospective effect. It is unheard of. It is a mockery of the whole democratic structure of this country and its systems of governance.”
“In which part of the democratic world people can be bought over to change sides and elected governments can be toppled,” Sibal said, adding that every day’s delay will play havoc with democratic institutions.
Senior advocate Abhishek Singhvi, appearing for the former chief whip of the Shiv Sena, Sunil Prabhu, said a day before departing for Guwahati, the members of the party’s rebel faction sent an e-mail to the deputy speaker, seeking his removal.
Salve said one thing the tenth schedule proposed to do but did not do was to allow a leader to take your flock and lock the key.
“It is alleged that inner party democracy has been throttled by disqualification proceedings. If there is disaffection within the party and a large number of people in a party feels that another man should lead, what is wrong in that,” he said adding “If a leader gathers strength within the party and stays in it to question its leader without leaving the party, it is not defection.”
“Defection is only when you leave the party and join hands with another, not when you stay in the party. Your lordships have never interfered in the workings of political parties,” he said and asked what is wrong if a large number of people in a political party feel that another man should lead them.
Salve said the anti-defection law is not self-operative and there has to be a petition and an order.
The CJI said, “Initially, I had some doubts. This is a politically sensitive case and I do not want to give an impression that we are tilted.”
Salve said if the Chief Minister resigns, and another government is sworn-in, it is not defection.
“Are we in a fantasy land that a man who cannot find the support of 20 MLAs should be restored as the Chief Minister? I have a right as part of the inner part of democracy to raise my voice against the leader. Raising the voice is not a disqualification. Raising a voice within the party without crossing Lakshman Rekha is not an act of defection,” Salve said.
Shinde, Fadnavis waiting for clarity over govt
Eknath Shinde and Devendra Fadnavis were expecting some relief or clarity over their government’s stability before carrying out Cabinet expansion.
However, the SC asked the Assembly speaker to maintain status quo for the disqualification plea made by the Sena factions.
(With PTI Inputs)
MUMBAI: The Supreme Court’s decision on Wednesday to postpone the hearing about the Shiv Sena MLAs’ disqualification has put the Maharashtra Cabinet expansion in a state of limbo.
However, Deputy CM Devendra Fadnavis said the court order and Cabinet expansion have no correlation.
“Cabinet expansion has not been delayed because of the Supreme Court order. We will soon carry it out,” Fadnavis said.
“It has been more than 20 days since Eknath Shinde was sworn in as the CM, but he has not been able to allot the workload to his Cabinet colleagues. It is currently a two-person Cabinet, comprising the CM and deputy CM. People are suffering due to floods while the CM is making tours of Delhi,” Atul Londe, spokesperson of Maharashtra Congress, said.
Hitting back, Shinde said that there was no need for him to sit at the Mantralaya all the time as wherever he goes, he carries his official work along and signs documents.
Shinde, who hails from Thane district, was speaking at a rally in Mumbai on Monday evening.
He said his work continues irrespective of whether he is in the Mantralaya, the state secretariat located in south Mumbai, or elsewhere.
“Yesterday, somebody alleged that there is no work going on in Mantralaya. But I want say that wherever I go, it becomes my Mantralaya. I sign documents and other papers on the move. My work continues wherever I go, be it Thane, Mantralaya or any other place,” he said.
“Even when I visit some function, my work does not stop. I do not have to sit at Mantralaya to read or sign papers. Once any document comes to me, I sign it immediately. One gets this kind of opportunity (to work as CM) rarely. I am not afraid of signing papers. Are we doing anything wrong?” Shinde asked.
Sources in the Shinde camp said appointing ministers now may have negative repercussions.
“If Supreme Court passes any unwanted order, the Shinde-Fadnavis government will face a big embarrassment. They want to avoid that. Also, all the 40 Sena MLAs who supported Shinde want a Cabinet berth or appointment as minister for state. So the CM is in a Catch-22 situation,” a leader close to him said.
The Supreme Court on Wednesday said the petitions filed by the Shiv Sena and its rebel MLAs raise many constitutional questions relating to defection, merger and disqualification, which may require consideration by a larger bench.
A bench headed by Chief Justice N V Ramana directed the parties to formulate the issues that require examination by a larger bench by July 27.
“After hearing the counsels, it has been agreed that some issues may, if necessary, be referred to a larger bench also. Keeping in mind the same, to enable the parties to frame the issues, let them file the same preferably by next Wednesday,” the bench, also comprising justices Krishna Murari and Hima Kohli, said.
The apex court asked the parties to the case to frame issues by July 27 for consideration by a larger bench and the matter would be heard on August 1.
The bench was hearing five pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government in the state.
At the outset, senior advocate Kapil Sibal, appearing for the Uddhav Thackeray faction of the Shiv Sena, told the bench that the speaker of the Assembly recognising a whip other than the official whip nominated by the party is malafide.
“What happens to the verdict of people? The 10th schedule is turned topsy-turvy and has been used to instigate defection,” Sibal told the bench.
He submitted that the governor could not have sworn in an individual (Eknath Shinde) who had sought to separate himself from the party elected to power by people and thus, was disqualified under the 10th schedule of the Constitution.
Senior advocate Abhishek Manu Singhvi, appearing for the former chief whip of the Shiv Sena, Sunil Prabhu, said a day before departing for Guwahati, the members of the party’s rebel faction sent an e-mail to the deputy speaker, seeking his removal.
“This email was sent from an unauthorised email ID. The deputy speaker takes it, seizes it and says it is not on record,” Singhvi said while terming the majority attained by the Shinde faction in the Maharashtra Assembly a “contrived majority”.
Senior advocate Harish Salve, appearing for Chief Minister Shinde, stated that in a democracy, people may gang up and tell the prime minister that “sorry, you cannot continue”.
“If a leader gathers strength within the party and stays in it to question its leader without leaving the party, it is not defection,” Salve submitted.
He asked the court that if a large number of people in a political party feel that another man should lead them, what is wrong in it? “Heavens do not fall if a chief minister is changed.
Let us get into if the speaker was appointed as per law and not on the crisis of democracy and all that,” Salve said.
At this juncture, the CJI said, “Initially, I had some doubts. This is a politically sensitive case and I do not want to give an impression that we are tilted.”
The CJI-led bench had, on July 11, granted interim relief to the Thackeray faction MLAs by asking Maharashtra Assembly Speaker Rahul Narwekar not to proceed with a plea seeking their disqualification as sought by the Shinde group on the ground of defying the party whip during the trust vote and the election of the speaker.
The top court is seized of five petitions and the first one was filed by the Shinde faction during the summer vacation, wherein some rebel Sena MLAs challenged the disqualification proceedings initiated by the deputy speaker.
The four remaining pleas and now the fifth one have been filed by the Thackeray faction.
On June 27, the vacation bench of the court extended the time for the rebel MLAs to file written responses to the deputy speaker’s disqualification notice till July 12.
On July 3, Narvekar of the Bharatiya Janata Party (BJP) was elected as the speaker of the Maharashtra Assembly.
He had polled 164 votes and defeated Thackeray-led Shiv Sena candidate Rajan Salvi, who had secured 107 votes.
A day before the floor test, Narvekar had recognised Gogawale as the Shiv Sena’s chief whip, removing Prabhu, who belongs to the Thackeray faction.
After winning the trust vote in the Assembly on July 4, the Shinde faction issued a notice to 14 legislators from the Thackeray camp for violating a whip issued by Gogawale, the Sena whip and a Shinde loyalist.
Both sides have accused each other of defying the party whip during the speaker’s election and the trust vote on July 3 and July 4 respectively, seeking disqualification of the legislators from both sides.
The Maharashtra legislature secretary also came into the picture and issued show-cause notices to 53 of the total 55 Shiv Sena MLAs in the state — 39 from the Shinde faction and 14 from the Thackeray group.
The notices were issued under the Members of Maharashtra Legislative Assembly (Disqualification on Grounds of Defection) Rules.
In the trust vote, 164 MLAs had voted for the motion of confidence, while 99 had voted against it.
The Thackeray faction has also challenged the validity of the Assembly proceedings held on July 3 and July 4, in which a new speaker of the House was elected and the subsequent proceedings of floor test, in which the Shinde-led coalition had proved its majority.
It has also filed a plea challenging the decision of the newly-elected speaker to recognise the new party whip of the Sena rebels led by Shinde.
Prior to this, Prabhu had moved the top court seeking suspension from the Assembly of the chief minister and 15 rebel Sena MLAs against whom the disqualification pleas are pending.
The vacation bench of the court had, on June 27, granted interim relief to the Shinde faction by extending the time for replying to the disqualification notices sent to the 16 rebel Sena MLAs till July 12.
On June 29, the Maharashtra Governor had ordered a floor test, prompting the MVA government to rush to the top court, seeking its deferment.
The bench refused to stay the governor’s direction to the 31-month-old MVA government to take a floor test in the Assembly to prove its majority, after which the then beleaguered chief minister Thackeray quit office.
After Shinde was sworn in as the chief minister on June 30, Prabhu moved the top court seeking his suspension and that of 15 Sena rebels on various grounds, alleging that they were acting as pawns of the BJP, thereby committing the constitutional sin of defection.
In a communication to the EC, the Shinde faction has claimed to be the real Shiv Sena and cited the recognition granted to it by Lok Sabha Speaker Om Birla and Maharashtra Assembly Speaker Rahul Narwekar.
At least 40 of the 55 Shiv Sena MLAs in Maharashtra declared support to rebel leader Shinde, who was sworn in as the chief minister of the state on June 30.
On Tuesday, Shinde announced the name of Rahul Shewale as the party’s floor leader in the Lok Sabha and that of Bhawna Gawli as its chief whip.
The Lok Sabha speaker granted recognition to Shewale as the leader of the Shiv Sena in the Lower House of Parliament.
The claim over the symbol assumes significance as the Supreme Court directed the Maharashtra State Election Commission on Wednesday to notify elections to local bodies within two weeks.
Elections are due in several civic bodies in Maharashtra, including the Brihanmumbai Municipal Corporation (BMC), which would indicate which Sena faction gets popular support.
Earlier, the Uddhav Thackeray faction of the Shiv Sena had written to the EC, requesting it to hear its views before making any decision on representations for claims over the party name and its poll symbol.
Maharashtra hearing: Shiv Sena factions exchange arguments in SC over defection
Heavens don’t fall when a chief minister is changed and in a democracy, people may even ask the prime minister to step down, the counsel for Shiv Sena’s Eknath Shinde group said Wednesday in the Supreme Court.
The apex court was hearing the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis which raised constitutional issues including splits, mergers of political parties, defections, and disqualifications.
The Uddhav Thackeray faction of the Shiv Sena, challenging the disqualification proceedings initiated against its MLAs, asserted before a bench headed by Chief Justice N V Ramana that the Tenth Schedule was meant to stop defection but it has now been used to instigate it.
While a battery of senior lawyers including Kapil Sibal and A M Singhvi argued on behalf of the Uddhav faction, the Shinde group was led by senior advocate Harish Salve who said, “In a democracy, people may gang up and tell the prime minister that sorry, you cannot continue.”
“Heavens do not fall if a chief minister is changed. Let us get into if the Speaker was appointed as per law and not on the crisis of democracy and all that. Raising a voice within the party without crossing the ‘Lakshman Rekha’ is not an act of defection,” Salve said.
Sibal told the bench, also comprising Justices Krishna Murari and Hima Kohli, that if this principle (of defection) is to be accepted then every elected government in this country can be toppled as there is no protection under the Tenth schedule.
“What happens to the verdict of people? The Tenth Schedule, meant to stop defection, has turned topsy-turvy and has been used to instigate defection,” Sibal said, adding that the protection against disqualification is available in case of a merger and not in the case of the split of a party.
He said 40 members of Shiv Sena, by their conduct, are deemed to have incurred disqualification by giving up party membership as per para 2 of the tenth schedule.
“By voting for a candidate put up by BJP as Speaker in violation of official whip, they have attracted disqualification.
Now coming to the Governor, the Governor should not have sworn in the new government when the Supreme Court was hearing the matters,” Sibal said.
He said the Governor could not have sworn the individual who has chosen to separate from the political parties and have incurred disqualification.
“Speaker recognising a whip other than the official whip nominated by the party is malafide.
When disqualified members elect a person and they stand disqualified, then the election itself is bad.
“These are all part of the record, these will decide if they have incurred disqualification or not.
Records of Assembly should be called for.
Under which provision of the tenth schedule they are protected The court needs to decide the issues based on official documents as they are part of the records,” he said.
“Selected people have been taken over by means which I will not refer to in this court and the Governor installed a new government.
What happens to the verdict of the people? he said adding the Tenth Schedule is turned topsy-turvy and has been used to instigate defection.
“Now the members who have voluntarily given up membership go to the Election Commission and we will decide which is the political party as if the ECI has retrospective effect. It is unheard of. It is a mockery of the whole democratic structure of this country and its systems of governance.”
“In which part of the democratic world people can be bought over to change sides and elected governments can be toppled,” Sibal said, adding that every day’s delay will play havoc with democratic institutions.
Senior advocate Abhishek Singhvi, appearing for the former chief whip of the Shiv Sena, Sunil Prabhu, said a day before departing for Guwahati, the members of the party’s rebel faction sent an e-mail to the deputy speaker, seeking his removal.
Salve said one thing the tenth schedule proposed to do but did not do was to allow a leader to take your flock and lock the key.
“It is alleged that inner party democracy has been throttled by disqualification proceedings. If there is disaffection within the party and a large number of people in a party feels that another man should lead, what is wrong in that,” he said adding “If a leader gathers strength within the party and stays in it to question its leader without leaving the party, it is not defection.”
“Defection is only when you leave the party and join hands with another, not when you stay in the party. Your lordships have never interfered in the workings of political parties,” he said and asked what is wrong if a large number of people in a political party feel that another man should lead them.
Salve said the anti-defection law is not self-operative and there has to be a petition and an order.
The CJI said, “Initially, I had some doubts. This is a politically sensitive case and I do not want to give an impression that we are tilted.”
Salve said if the Chief Minister resigns, and another government is sworn-in, it is not defection.
“Are we in a fantasy land that a man who cannot find the support of 20 MLAs should be restored as the Chief Minister? I have a right as part of the inner part of democracy to raise my voice against the leader. Raising the voice is not a disqualification. Raising a voice within the party without crossing Lakshman Rekha is not an act of defection,” Salve said.
Shinde, Fadnavis waiting for clarity over govt
Eknath Shinde and Devendra Fadnavis were expecting some relief or clarity over their government’s stability before carrying out Cabinet expansion.
However, the SC asked the Assembly speaker to maintain status quo for the disqualification plea made by the Sena factions.
(With PTI Inputs)
