Justice Surya Kant : Mr. Kaul, why have you not approached the High Court?
Kaul : I have three answers. 226's existence is not a constitutional bar to invoke Article 32. Second reason, in any number of cases like floor test, disqualification, your lordships have passed Art 32
Senior Adv Neeraj Kishan Kaul for the petitioners says that the Deputy Speaker cannot proceed with the disqualification proceedings when the resolution seeking his removal is pending. He cites the "Nabam Rebia" decision of Supreme Court.
Supreme Court takes up petitions of Eknath Shinde and rebel ShivSena MLAs filed against the disqualification proceedings initiated by the Dy Speaker.
Bench is on item 33. Eknath Shinde's matter next.
The bench is hearing item 32 now . Eknath Shinde's petition is listed as item number 34.
The bench is hearing item 28 now . Eknath Shinde's petition is listed as item number 34
The bench is hearing item 7 now . Eknath Shinde's petition is listed as item number 34
The bench will commence sitting at 10.30 AM. The matter is listed as item number 34.
The main grounds in the petition are :
1. Deputy Speaker cannot disqualify any member under Schedule X of the Constitution during the pendency of a resolution seeking his removal.
2. Narhari Zirwal is officiating as the Deputy Speaker without resigning from the NCP and is actively participating in the activities of NCP. The ideology of Shiv Sena is opposed to NCP. Hence Zirwal is politically biased and cannot be expected to take an impartial and fair decision.
3. The Disqualification notices are not maintainable as mere absence from party meetings cannot be a ground for disqualification. The whip issued by the Party is applicable only to proceedings within the House.
4. Shinde asserts that he and his supporters have not given up Shiv Sena membership and their activities do not come within the meaning of the term "voluntarily giving up membership" under Paragraph 2 of the Tenth Schedule.
5. The majority of the party members had in any case annulled the appointment of Sunil Prabhu as the Chief Whip and had appointed Bharat Gogawale as the Chief Whip instead. So the whip issued by Prabhu is not valid.
Shinde, who claims to have the support of over 2/3rd MLAs of Shiv Sena, prays that the proceedings on the disqualification notices should be stopped until the issue relating to the removal of Deputy Speaker is decided.