Live Law

2022-06-27 05:05:27.0

  • 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.

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