Can deputy Speaker be judge of his own court: Four developments in Sena vs Sena case
New Delhi, Jun 27: The Supreme Court has kept in abeyance the disqualification proceedings against 16 rebel MLAs till July 1. Further the court also asked the respondents to file a reply to the petitions filed by the rebel MLAs who had challenged the competence of the deputy Speaker to issue a disqualification notice when their communication seeking his removal is pending.
The matter will be heard next on July 11.
The Supreme Court asked the lawyers for the rebels why they did not approach the High Court first. To this their counsel said that the houses and properties of the rebels are being threatened. The situation is not conducive for them to pursue their rights in Mumbai.
Appearing for the Shiv Sena leadership, advocate Abhishek Manu Singhvi said that there was no reason given by the Shinde group on why they did not approach the Bombay High Court first.
Singhvi said that the deputy Speaker has the right to take a decision on the disqualification notices of the rebel MLAs. This cannot be subject to a judicial review when the proceedings in the Assembly are pending.
When counsel Rajeev Dhawan appearing for the deputy Speaker Narahari Zirwal said that the no trust against his client was rejected as it was sent via an unverified source, the Bench asked, 'if the deputy Speaker is saying he is rejecting the motion that seeks his removal, the question is can he be the judge of his own court.