Legal battle underway on Constitutional stalemate, says Congress

As rebel Shiv Sena MLAs led by Eknath Shinde camping in Guwahati dig in their heels the Congress part of the Maha Vikas Aghadi on Saturday said a legal battle over a Constitutional stalemate is underway and asserted that the tripartite dispensation remains strongAmid angry protests by Shiv Sena cadres in parts of Maharashtra against their rebel leaders state minister and Congress leader Ashok Chavan said the law and order situation is fine in the stateHe said Sena cadres are only expressing their anger against the rebelsTalking to reporters after Congress leaders met in Mumbai to discuss the prevailing political situation Chavan said the rebel faction will have to get a legal sanction for their group or for assuming a new nameCongress legislature party leader and state revenue minister Balasaheb Thorat said the MVA is on a stronger wicket legallyWe are monitoring the situation Right now a legal battle over a Constitutional stalemate is on he saidCongress said in a statement that the Eknath Shinde camp had submitted a notice to move a resolution to remove Maharashtra deputy Speaker Narhari Zirwal under Article 179 of the ConstitutionBut rules say any motion in the Assembly can be moved only after the Governor issues summons to convene the Assembly session Once the notice to remove the Speaker is received it has to be given 14 days in advance After 14 days the notice will be read in the Assembly and then the rest procedure for the removal will followAs of now the governor has not issued summons to convene the session so Shindes letter is not a motion to remove the Deputy Speaker its only an intent the statement saidIt said Shinde has referred to the Supreme Court judgement in the Nebam Rebia case in his support however it doesnt apply to Maharashtra right nowHowever it is a misplaced reference because in that case Arunachal Governor had issued a summons for convening the Assembly session on November 3 2015 The notice for the removal of the Speaker was moved on November 11 2015 It was after the Assembly was convened by the Governor that the SC rightfully upheld its judgement saying the Speaker cant adjudicate upon disqualification while the notice on his own removal is pending The directions in Nebam Rebia case do not apply to Maharashtra till the governor convenes the Assembly and a proper and bonafide motion is moved against the Deputy Speaker it statedThe Congress said the rebel group must request the state governor to convene the assembly session to stop the deputy Speaker from proceedings initiating the disqualification of 16 MLAs demanded by the Sena leadershipIt said the Supreme Court in its ruling had agreed that the governor had no direct or indirect constitutionally assigned role in the matter of the removal of the Speaker or the Deputy SpeakerSo the Maharashtra Governor cant direct Deputy Speaker to stop the disqualification proceedings or ask for scheduling of business of the House the Congress statedCongress questioned the claims of the Shinde camp claiming the support of the bulk of Shiv Sena MLAsIf rebels have numbers why are they not demanding a noconfidence motion Why is the governor not issuing summons for the Assembly session which he is empowered to do Its being heard that rebels and BJP MLAs will demand the Governor for the election of a new Speaker which is not possible because the governor had earlier refused in writing the permission for election to the post of Speaker as the matter is subjudice in the SC He cant take a Uturn now the Congress statement saidEarlier in the day Shiv Sena workers vandalised an office of rebel Shiv Sena MLA Tanaji Sawant currently camping with other dissidents led by Eknath Shinde in PuneA board outside the office of Shrikant Shinde Lok Sabha MP from Kalyan in Thane district and son of Eknath Shinde was also damagedShiv Sena workers also staged a protest against rebel MLAs Tanaji Sawant and Dnyanraj Chougule in Osmanabad cityThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever