Plea before Supreme Court challenges recognition of Bharat Gogawale as Shiv Sena Chief Whip by Maharashtra Assembly Speaker

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Synopsis

Singhvi informed the court, that the speaker has no jurisdiction to recognise whips. He further argued that this act of the speaker changed the status quo of proceedings.

Dr. Abhishek Many Singhvi, Senior Advocate, today, mentioned a plea challenging the action of the newly elected Maharashtra Assembly Speaker recognizing Bharat Gogwale as Shiv Sena Chief Whip. The court has agreed to list the matter for hearing on July 11, 2022 along with other pleas pertaining to the Maharashtra Political Crisis.

Mentioning before a vacation bench of Justices Indira Banerjee and J.K.Maheshwari, Singhvi said that the speaker has no jurisdiction to recognise the whips. He further argued that this act of the speaker changed the status quo of proceedings.  

The bench, however, informed Singhvi that it does not have papers pertaining to the matter and therefore listed the matter on July 11 for further hearing.

Rahul Narvekar was, on Sunday, elected as the speaker of the Maharashtra Legislative Assembly. Upon his appointment, he recognised Gogawale as the new Chief Whip of Shiv Sena and Eknath Shinde as the new Legislative Party leader in the house.

When the crisis began, the then Chief Minister of Maharashtra, Uddhav Thackarey, removed Shinde as Legislative Party leader and appointed Ajay Chaudhary. He further appointed Sunil Prabhu as the Chief Whip.

The Secretariat has, however, cancelled the appointments of Ajay Chaudhary as the legislative party leader and Sunil Prabhu as Chief whip. Hence the above plea was filed.

On June 30, 2022, the Supreme Court refused to stay the floor test called by the Governor, which led to Uddhav Thackarey resigning from the Chief Minister’s post. The Top Court has already seized the issue of the disqualification proceedings initiated against Eknath Shinde and other MLAs.