Eknath Shinde had said they would not merge with the BJP.
After a high-voltage drama that ran for several days, Eknath Shinde formed a government in Maharashtra after forcing Uddhav Thackeray down from the state’s top post. He took oath as the new Chief Minister, edging past the number one contender for the post, Devendra Fadnavis. It appears Eknath Shinde has the numbers to ace the floor test, but a win doesn’t guarantee longevity of the government. One of the prime reasons for that is the disqualification notice sent to 16 MLAs by the deputy speaker of the Maharashtra Assembly. Shiv Sena’s chief whip Sunil Prabhu has also pleaded with the Supreme Court to bar these MLAs from voting in the floor test on Monday. The court will hear the pleas on July 11.
The deputy speaker had issued the notice to these MLAs saying they had not attended a party meeting despite a whip. Eknath Shinde, in response, said the whip can be applied in the assembly, not in meetings. The court had fixed the date for the next hearing on July 11 and gave time to the rebel MLAs till July 12 to respond to the notice.
On Prabhu’s plea seeking to bar the rebel MLAs from voting till their disqualification is decided, the Supreme Court said that the matter would also be examined on July 11. The Uddhav Thackeray faction claims it is the real Shiv Sena as Thackeray had been democratically elected as its chief in internal elections. The Eknath Shinde faction claims it is the real Shiv Sena as it has the backing of 40 out of 55 Sena MLAs. Responding to the petitioner’s concerns, the court said it is keeping a close eye on the developments.
The speaker’s election is tomorrow. The Congress had objected to Governor Bhagat Singh Koshyari’s decision to organise the election amid the political crisis.
“We don’t understand the urgency to call a Special Assembly Session on Sunday. There is a case pending in the Supreme Court. When we were in the (MVA) government, the Governor kept telling us for months that since the matter is sub-judice, he cannot allow the Speaker elections. Then, how has he permitted it for the new government,” Balasaheb Thorat had said.
If the court’s decision in both the cases doesn’t go in favour of the rebels, the Shinde government would be in grave peril.
Eknath Shinde had said they would not merge with the BJP. He formed a separate block of MLAs called Shiv Sena (Balasaheb). The Thackeray faction claims that to evade the anti-defection law, it is necessary for two/third of the MLAs to merge with another party. They claim that legally, a block within a party cannot be formed by its MLAs.
On July 11, the court is likely to examine these legal tussles. The court will examine if it is constitutionally viable to circumvent the anti-defection law even without merging the block of rebels with another party.
If these MLAs are disqualified, both the Chief Minister and the Speaker might lose their posts.
Around 39 MLAs are supporting Eknath Shinde. If 16 MLAs are disqualified, it is likely that many would make their way back to the old arrangement.
Before Thackeray’s resignation, Sanjay Raut had said he was in touch with 20 rebels who were willing to return.
