With the political battle heating up in Maharashtra, one role that has come intensely under the scanner is that of Deputy Speaker Narhari Zirwal, who had sought the disqualification of rebel MLAs under The Members of Maharashtra Legislative Assembly (Disqualification on ground of Defection) Rules, 1986. At the same time, the rebel MLAs have moved the Supreme Court against Zirwal's actions, calling them unconstitutional.
Why is deputy speaker in the limelight?
The NCP-Sena-Congress combine formed the Maha Vikas Aghadi in 2019, and appointed Congress's Nana Patole the speaker of the house. However, the next year, Patole was appointed the Congress chief of state and he resigned from his post. No replacement has yet been found.
Is the deputy speaker authorised to take the actions he has taken?
That is the legal question. The deputy speaker's role in the Maharashtra political crisis is already under the scanner.
A rebel MLA plea filed through advocate Abhinay Sharma said the deputy speaker cannot disqualify any member under the Tenth Schedule of the Constitution during the pendency of his own removal resolution and termed his action in recognising Ajay Choudhary and Sunil Prabhu as Leader and Chief Whip of SSLP as illegal.
The petition has sought directions to the deputy speaker to not take any action in the Disqualification Petition under Rule 6 of MLA Defection Rules pending before Speaker of Maharashtra State Legislative Assembly and not take any action on the same until the resolution for removal of deputy speaker is decided.
"Issue a writ of prohibition/mandamus or any other appropriate writ, direction or order, interim in nature stay the effect and operation of the notice dated June 25, 2022, issued to the Petitioner by the Respondent No. 1."
"Issue a writ of certiorari or any other appropriate writ, order or direction hold and declare that the Letter/order dated June 21, 2022, passed by the Respondent No. 1 accepting the appointment of Respondent No. 4 as Leader of Shiv Sena Legislature Party is illegal and unconstitutional and be pleased to quash and set aside the same," the plea said.
