SC grants interim relief to Shiv Sena rebel MLAs: 5 key points from today’s hearing | India News

NEW DELHI: The Supreme Court on Monday granted interim relief to rebel Shiv Sena MLAs and said that no decision will be taken on their disqualification till July 12. The Maharashtra deputy Speaker had granted the legislators time till June 27 evening to file a reply.
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The apex court was hearing the petitions filed by the Eknath Shinde group challenging the disqualification notices issued by the deputy Speaker to 16 rebel MLAs as well as the appointment of Ajay Choudhary as Shiv Sena Legislature Party leader.
Here are the key points from today’s hearing:
Interim relief for rebel MLAs
Granting relief to the rebel MLAs, a vacation bench of Justices Surya Kant and JB Pardiwala, in its order, said, “As an interim measure, the time granted by the Deputy Speaker, to the petitioners or other similarly placed MLAs to submit their submissions today by 5.30 pm, stands extended till July 12. The petitioners or other MLAs are at liberty to submit their reply without prejudice to their rights in the writ petition.”

Notice to deputy Speaker, others
Acting on rebel leader Eknath Shinde’s petition challenging the disqualification notices issued to him and 15 other MLAs last week, the SC bench also issued notices to deputy Speaker Narhari Zirwal, chief whip Sunil Prabhu, leader of legislature party Anil Chaudhary and the Centre.
They have been asked to file a reply within five days.

Dy Speaker told to file affidavit
The SC has asked Zirwal to file an affidavit and put on record the no-trust notice served upon him by the rebel MLAs. During the hearing, the Sena rebels contended that the deputy Speaker is not competent to decide the disqualification plea if there is a notice pending for his own removal.

The Bench also remarked that the issue before the court is whether the deputy Speaker can decide on disqualification petitions against the MLAs when there is a notice by the MLAs seeking the removal of the deputy Speaker himself.
Floor test
The SC further refused to pass any interim order on a plea by the Shiv Sena that there should not be any floor test in the Maharashtra legislative assembly till the next date of hearing. “We cannot pass order on floor test as that would create unnecessary complications. If anything illegal happens, you can always move this court,” the SC said while refusing to pass an interim order on floor test.

Security to MLAs
On request of providing security to 39 MLAs alleging threat, the SC recorded the statement of standing counsel of Maharashtra government that adequate steps have already been taken and that the state government will further ensure that no harm is caused to the life, liberty, or property of the MLAs.

During the hearing, senior advocate Neeraj Kishan Kaul, appearing for Eknath Shinde and others, told the SC that threats have been given to these MLAs and it was said that “bodies of 40 MLAs will arrive back in Mumbai”.
(With inputs from agencies)
Watch Supreme Court grants relief to Eknath Shinde group: 5 facts

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