The Indian Express | 5 days ago | 23-06-2022 | 05:45 pm
The rebel Shiv Sena MLAs, in their resolution endorsing their acceptance of rebel minister Eknath Shinde’s leadership, also mentioned “tremendous harassment and distress” faced by the Sena cadre on “political as well as personal grounds” from the “opposition ideological parties” among the reasons why they wanted to chart a new political trajectory for the party in Maharashtra.Some of these Sena MLAs have, however, alleged earlier that the party cadre and leaders have been facing “harassment” in the form of investigations launched by various agencies of the BJP-ruled Centre against them.A minute-long video released by the Shinde group on Wednesday showed a group of rebel legislators exchanging banter with each other. The person appearing to be most vocal and active in the video, who is seen calling for strict action against those who are against the rebel group, is three-time Sena MLA from Ovala-majiwada, Pratap Sarnaik, who is being investigated by the Enforcement Directorate (ED) in connection with an alleged Rs 175-crore money laundering case.Significantly, Sarnaik was the first amongst the Sena leaders to publicly ask the Maharashtra Chief Minister and party supremo, Uddhav Thackeray, to bury the hatchet with the BJP, the state’s principal Opposition party.On June 9, 2021, Sarnaik had written a letter to Uddhav, openly urging him to patch up with the BJP to “save” Sena leaders from being “harassed by Central agencies”, even as he accused the NCP and the Congress – the Sena’s partners in the Maha Vikas Aghadi (MVA) coalition government – of allegedly working against the party’s interests in the state.He had then charged that the Central agencies were “unnecessarily harassing” Sena leaders. “In my personal opinion, it is imperative that we patch up with Honourable Prime Minister Narendra Modi. A lot of our supporters feel that by doing so the harassment that Pratap Sarnaik, Anil Parab and Ravindra Waikar and their families are facing will stop,” Sarnaik had stated in the letter.While Parab and Waikar are still reportedly with Uddhav, Sarnaik is said to have “buckled” under pressure. He is a big player in Thane’s real estate scene through his Vihang group of companies, which also run hospitality businesses in and around Thane and Mumbai.In March this year, the ED had attached properties worth Rs 11.35 crore of Sarnaik in a case of alleged fraud worth Rs 5,600 crore at the National Spot Exchange Limited (NSEL). The attached properties include two flat and a land parcel in Thane.Another prominent Sena MLA, who has joined the Shinde-led rebel group, is Byculla MLA Yamini Jadhav, wife of former chairman of the Brihanmumbai Municipal Corporation (BMC)’s Standing Committee Yashwant Jadhav who is being probed by the ED in a case of alleged Foreign Exchange Management Act (FEMA) violations. Prior to the ED action, the Income Tax officials too had attached a flat belonging to the Jadhavs in Bandra and nearly 40 properties linked to Yashwant over the charges of tax evasion earlier this year.Another Sena leader facing ED action is Sena MP Bhawana Gawali, who too has come out in support of the rebel faction. She sent a letter to Thackeray on Monday, stating that he should address the concerns raised by the Shinde group.Gawali is currently facing a money-laundering investigation into an NGO that she runs along with her mother. One of her close associates, Saeed Khan, was arrested by the ED, which has also attached a Rs 3.75 crore office building of Khan.
While granting interim relief to rebel MLAs of the Shiv Sena on Monday, the Supreme Court made a crucial but unusual judicial intervention that raises questions on the powers of the Speaker under the Tenth Schedule of the Constitution. The Speaker’s powers under the Tenth Schedule have been previously upheld by the Supreme Court itself; the court has allowed judicial review only once the Speaker has made a decision, and has ruled out interference with the process.The question of when a floor test will be held in the Maharashtra Assembly, meanwhile, remains unclear. BJP leader Devendra Fadnavis met Governor Bhagat Singh Koshyari late on Tuesday.What does the interim order say?The interim order grants more time to the rebel MLAs — until July 11 — to reply to the disqualification notice served on them. It seeks affidavits from them, and also a counter-affidavit from the Deputy Speaker on his removal as demanded by the rebels.In granting more time, the Supreme Court has essentially delayed the disqualification proceedings, which would have a direct impact on atrust vote in the Assembly, whenever it takes place.The issue of considering the removal of the Deputy Speaker himself is more complex and raises questions on the sanctity of the Tenth Schedule.What does the Tenth Schedule say?The Tenth Schedule or the anti-defection law, introduced in 1985, gives the Speaker of the House the power to disqualify legislators who ‘defect’ from the party. In the landmark case Kihoto Hollohan versus Zachillhu in 1992, the Supreme Court upheld the power vested in the Speaker and said that only the final order of the Speaker will be subject to judicial review.Courts have refrained from interfering with the process itself.However, a 2016 ruling of a Constitution Bench of the Supreme Court has shifted the balance on the powers of the Speaker. In the landmark Nabam Rebia v Bemang Felix case, concerning a constitutional crisis in Arunachal Pradesh then, a five-judge Bench of the SC limited the Speaker’s powers.What was the Nabam Rebia ruling?While the larger legal issue in the Nabam Rebia ruling was on the contours of the powers and limitations of the Governor, the issue of anti-defection also came up. On that point, the Supreme Court held that it is “constitutionally impermissible” for a speaker to proceed with disqualification proceedings, if a no-confidence motion against him is pending.“The action of the Speaker in continuing, with one or more disqualification petitions under the Tenth Schedule, whilst a notice of resolution for his own removal, from the office of Speaker is pending, would ‘appear’ to be unfair. If a Speaker truly and rightfully enjoys support of the majority of the MLAs, there would be no difficulty whatsoever, to demonstrate the confidence which the members of the State Legislature, repose in him,” the Supreme Court ruled.This ruling gave a window to defecting legislators to stall or circumvent the Tenth Schedule by seeking removal of the Speaker when disqualification proceedings are anticipated — effectively tying the hands of the Speaker.Have legislators used this legal route?Yes, since 2016, this legal route has a been a familiar playbook for legislators cutting across states and political affiliations.In 2016, rebel MLAs of the Congress including Vijay Bahuguna sought removal of Uttarakhand Assembly Speaker Govind Singh Kunjwal after shifting ranks to the BJP to stall anti-defection proceedings.In 2018, AIADMK legislator S Karunas sent a notice to the Tamil Nadu Legislative Assembly Secretary K Srinivasan, seeking removal of Speaker P Dhanapal at a time when the AIADMK leadership was mulling action against Karunas and three other MLAs for having pledged their support to T T V Dhinakaran.In June 2020, the Congress in Manipur served a notice for the removal of Speaker Y Khemchand as nine of its MLAs defected to the BJP.How can the Speaker be removed?Under Article 179 of the Constitution, a Speaker can be removed by a resolution of the Assembly passed by a majority of “all the then members of the Assembly”. The process begins with notice of at least 14 days.In the 2016 Nabam Rebia ruling, the Supreme Court interpreted Article 179, specifically the term “all the then members of the Assembly”, to mean the composition of the house at the date/time of giving the notice for the removal of the Speaker. This interpretation would mean that the composition of the Assembly cannot be changed from the date of issuing of a notice of the removal of the Speaker, and therefore the Speaker cannot make any decisions under the Tenth Schedule to change the composition of the House until the question of his removal is settled.During the hearing on the Maharashtra situation, senior advocate Neeraj Kishan Kaul, appearing for the rebel Shiv Sena MLAs, referred to the 2016 Nabam Rebia ruling to argue that the Deputy Speaker of an Assembly cannot decide on disqualification of MLAs while a motion for his or her removal is pending.What were the reasons for the Supreme Court’s 2016 decision?The Supreme Court’s reasoning in barring the Speaker from acting under the Tenth Schedule when a notice for his own removal is pending, is to ensure that the Speaker who disqualifies legislators must enjoy the confidence of the Assembly.“After all, disposal of the motion under Article 179(c), would take no time at all. As soon as the motion is moved, on the floor of the House, the decision thereon will emerge, forthwith. Why would a Speaker who is confident of his majority, fear a floor test? After his position as Speaker is affirmed, he would assuredly and with conviction, deal with the disqualification petitions, under the Tenth Schedule. And, why should a Speaker who is not confident of facing a motion, for his removal, have the right to adjudicate upondisqualification petitions, under the Tenth Schedule?” the Supreme Court had said in Nabam Rebia.This interpretation would mean defection is followed by an immediate floor test and not proceedings of the Tenth Schedule. A floor test is the ultimate step in ascertaining majority in the House, but legal experts have criticised that 2016 interpretation saying it would not lead to ascertaining “real majority” that is determined after punishing defecting MLAs.
Maharashtra Chief Minister Uddhav Thackeray has lost majority in house and a floor test is in order, the BJP told the Governor this evening. The party delegation was led by Devendra Fadnavis, who headed for the meet on his return from Delhi. Here are the Top 10 points in this big story:"We have written to the Governor and told him that Shiv Sena's 39 MLAs are repeatedly saying they don't want to be in an alliance with the Congress-NCP. This means they are not with the government," Devendra Fadnavis told reporters after the meeting."So we have told the Governor that he should ask the Chief Minister to conduct a floor test and prove majority," he added.Mr Fadnavis -- the predecessor of Uddhav Thackeray on the top post -- headed for the Governor's House straight from the airport. He was accompanied by Girish Mahajan and state BJP chief Chandrakant Patil.In Delhi, Mr Fadnavis had a 30-minute strategy session with BJP chief JP Nadda this evening amid speculation about the party staking claim to form government.Earlier today, sources had said the Governor may ask Chief Minister Uddhav Thackeray to prove majority this week.The Team Thackeray had requested the Supreme Court that no floor test be allowed till the matter of disqualification notices to 17 rebel MLAs be settled. The court has refused to pass orders on it.In a day of fast-paced developments, Mr Thackeray sought a meeting with the rebels on their return to Mumbai, which is likely on Thursday."I want to appeal to you - time is still not lost. Please come, sit with me, remove all doubts from the minds of Shiv Sainiks and the public, then we can find a way out. We can sit together and find a way out," Mr Thackeray wrote.Eknath Shinde, who is leading the coup aganst Uddhav Thackeray, said that he would go to Mumbai "soon" and "take Balasaheb Thackeray's legacy forward", indicating that he is ready for the next move. He claims he has the backing of around 50 MLAs, nearly 40 of them from the Shiv Sena.The Shiv Sena has accused the BJP of masterminding the revolt and hounding its leaders using investigating agencies. Uddhav Thackeray's key spokesperson, Sanjay Raut, was summoned today by the Enforcement Directorate in a money laundering case but he refused to go. Mr Raut terms the summons a conspiracy. Comments
◾ A tailor in Udaipur was hacked to death today by two persons allegedly for posting a social media statement in favour of suspended BJP spokesperson Nupur Sharma, who had made controversial remarks about Prophet Mohammad. With the city tense following the murder, internet services have been suspended, and 600 police personnel along with senior officers are being sent to Udaipur. Chief Minister Ashok Gehlot has appealed for peace. “Strict action will be taken against all the criminals involved in this incident and the police will go to the bottom of the crime. I appeal to all parties to maintain peace,” he said.◾ Meanwhile, in Delhi, Alt News co-founder Mohammed Zubair was sent to four-day police custody over a 2018 tweet that allegedly hurt religious sentiments. On Zubair’s arrest, Pratap Bhanu Mehta writes: “The arrest of journalist Mohammed Zubair in Delhi is pettiness, vengeance and repression let loose on a society once aspiring to be free. It is also a distillation of the way in which the Narendra Modi government draws energy from a thorough contempt for liberty, decency, constitutional values, and the opinion of the international community.”◾ In Maharashtra, where the political turmoil refuses to abate, Chief Minister Uddhav Thackeray appealed to rebel Shiv Sena MLAs to return, saying he is “worried” about them. “Don’t fall prey to anyone’s missteps. The honour given to you by Shiv Sena cannot be found anywhere. If you come forward and speak, we will sort out the issues. As Shiv Sena party chief and family head, I am still worried about you. Come here for a dialogue,” he said. His appeal came hours after Rebel leader Eknath Shinde said he will soon return to Mumbai.◾ In other news from the city, four people were killed after a helicopter operating for the Oil and Natural Gas Commission (ONGC) made an emergency landing off the Mumbai coast. The chopper, with nine people on board, ditched in the sea 60 nautical miles away from Mumbai near Sagar Kiran rig on Tuesday morning.◾ In business news, the GST Council today approved changes in tax rates on some goods and services while allowing states to issue an e-way bill for intra-state movement of gold and precious stones. The Council, chaired by Finance Minister Nirmala Sitharaman, also cleared a host of compliance procedures for GST-registered businesses along with a GoM report on high-risk taxpayers to check evasion.◾ Mukesh Ambani has resigned from the board of his group’s telecom arm, Reliance Jio and handed over the reins of the company to elder son Akash, a step seen as succession planning by the 65-year old billionaire. In a stock exchange filing, Reliance Jio Infocomm said the company’s board at a meeting on June 27, “approved the appointment of Akash M Ambani, non-executive director, as chairman of the board of directors of the company.”Political Pulse◾ The BJP is hoping for gains beyond the immediate in its storming of the Samajwadi Party bastions of Rampur and Azamgarh Lok Sabha seats in the recent bypolls. The planning and strategy to secure the constituencies, supervised by senior leader Amit Shah as per sources, have punched holes in the SP’s confidence in its loyal Muslim-Yadav vote bank. The results also fit in with the BJP’s Mission 2024 plans, which it has already set in motion. With the SP having mounted a creditable challenge to it in the recent Assembly elections, the BJP knows the party as the one to beat in the state, and these two seats were its best chance of sending a message to the party. Liz Mathew reports.◾ From the Urdu Press: As a major political turmoil roiled Maharashtra with an intra-Shiv Sena power struggle pushing the Uddhav Thackeray-led MVA government to the brink, the country’s leading Urdu newspapers provided its saturation coverage in their news and commentary pages. In their reporting and analysis, they also focused on the July 18 Presidential election, the Supreme Court’s dismissal of Zakia Jafri’s appeal challenging the SIT’s clean chit to the then chief minister Narendra Modi and others in the 2002 Gujarat riots, spotlighting the subsequent arrests of activist-journalist Teesta Setalvad and ex-DGP RB Sreekumar.Express Explained◾ ‘Hermit’ is the latest sophisticated spyware in the news, and it is believed to have targeted iPhones and Android devices in Italy and Kazakhstan. Hermit’s deployment – the spyware has been developed by an Italian vendor called RCS Lab – was first reported by cyber security researchers at the Lookout, a San-Francisco-based cybersecurity firm. What is Hermit, what exactly does it do on a device, and how can users keep themselves safe? We explain.◾ The G7 countries, who are meeting during the ongoing Leaders’ Summit in Germany, have officially launched the Partnership for Global Infrastructure and Investment (PGII), a joint initiative to fund infrastructure projects in developing countries. The project, launched on June 27, is being seen as the bloc’s counter to China’s ‘Belt and Road Initiative. What is PGII, where are funds being directed under the plan, and what has been China’s response to the announcement? Read here.
NEW DELHI: Former Maharashtra chief minister Devendra Fadnavis met Union minister Amit Shah and BJP president J P Nadda here on Tuesday to discuss the party's next course of action amid the spiralling political crisis in the state threatening the three-party Maha Vikas Adhadi government's existence. Fadnavis was joined by BJP MP and senior lawyer Mahesh Jethmalani in the meeting with the home minister, sources said. They are believed to have explored various options available for the party and deliberated on their legal feasibility as the BJP works to recapture power in Maharashtra with the help of rebel Shiv Sena MLAs and several independent lawmakers. After meeting Shah, Fadnavis drove to Nadda's residence and briefed him about the unfolding political developments in the western state. Earlier in the day, he arrived in the national capital from Mumbai to discuss the issue with the party's top brass. Around 39 rebel Sena MLAs and at least 10 independent legislators from the state have lodged themselves at a five star hotel in Assam in their bid to bring down the Chief Minister Uddhav Thackeray-led government. The BJP has denied any role in the rebellion but Fadnavis is being seen to be playing a key role in working out a post-MVA dispensation which he may head with support from the Sena rebels. BJP sources have maintained that any concrete outline of the next government has not been worked out but added that Eknath Shinde, the senior Sena leader who has led the rebellion against his party's alliance with traditional adversaries the Congress and the NCP, and other key members of the group will be suitably accommodated in case their party comes to power. Shinde may be made deputy chief minister in such an eventuality. The priority right now is to bring down the MVA government as it has clearly lost majority in the assembly, BJP leaders said. The rebels may approach the state governor, conveying the decision to withdraw their support from the Thackeray government. Governor Bhagat Singh Koshyari then may ask the ruling alliance to undergo a floor test in the assembly. The next couple of days may see a fresh movement from the rebels against the government, sources said. Though the BJP sources expressed confidence that the Uddhav Thackeray government is on its last leg, the party is treading cautiously to avoid any wrong move like the one in 2019 which had caused it embarrassment when Fadnavis formed a short lived government in alliance with the NCP faction headed by Ajit Pawar without ensuring adequate support of MLAs. Fadnavis had to resign in three days as NCP supremo Sharad Pawar rallied his party MLAs to thwart his nephew's bid to join hands with the BJP to form the government. The Sena then joined hands with the NCP and the Congress to come to power. The BJP has long nursed a grudge against the Sena as both parties had fought the 2019 assembly polls together and had secured a comfortable majority. However, its ally insistence that the post of chief ministership should be rotated between the two parties and not be held by the BJP alone led to a split.
MUMBAI: Striking an aggressive note against the rebel faction led by Eknath Shinde, Shiv Sena leader Sanjay Raut on Tuesday said those who have betrayed the party leadership should not be able to move around. "Traitors should not be able to roam on the streets," he said, addressing a rally at Alibag near here. Notably, Maharashtra chief minister and Sena chief Uddhav Thackeray earlier in the day had adopted a reconciliatory tone when he asked the rebels to return to the state from Guwahati where they are camping, and talk out the issues. Raut, at the public meeting, also slammed the rebel MLAs' claim that their fight was for protecting the party's Hindutva moorings, pointing out that more than half of them were earlier with the NCP. "The rebel MLAs supporting Eknath Shinde are saying their cause is to protect the Hindutva envisaged by party founder Balasaheb Thackeray. "Twenty-two of them have come from the Nationalist Congress Party. What Hindutva they are talking about? Those who opposed Balasaheb Thackeray ended up ruining their own career," he said. Raut also called the party MLA from Alibag, Mahendra Dalvi, who has joined the Shinde camp, a "bullock". "When I called Mahendra, he said he was taking rest and disconnected the call. He was earlier with the NCP and also other political parties like the Peasants and Workers Party....I think it is time to change the bullock," Raut said. When the MVA coalition with Congress and NCP was being formed, Thackeray wanted to make Eknath Shinde chief minister, he further said. "If Shinde joins hands with the BJP now, he would become (only) a deputy chief minister," the Sena MP said. Before the 2019 Assembly elections, Thackeray had demanded "50:50 formula of portfolio sharing including the top post", Raut said. "It was the BJP which opposed it, hence Shinde lost the opportunity to become the chief minister of Maharashtra," he claimed. Then BJP chief Amit Shah had promised to share the chief minister's post with the Sena but later broke the promise, Raut alleged.