The political turmoil in Maharashtra deepened further after the rebels, led by Eknath Shinde, camping in Guwahati moved the Supreme Court. The petition challenges the decision of the Maharashtra Deputy Speaker Narhari Zirwal to recognise Ajay Choudhary as leader of the Shiv Sena Legislature Party (SSLP) and also the disqualification notices served to Eknath Shinde and the 15 MLAs.

Shiv Sena MP Arvind Sawant said, “Political turbulence is going on in Maharashtra, many MLAs defected and have gone to Assam. We have initiated legal action against them and notice has been served to 16 MLAs till now.”

CONCEPT OF 2/3 APPLIES IN MERGER

Advocate Devadatt Kamat, Shiv Sena’s senior counsel, said, “The concept of 2-3rd (to surpass anti-defection law) applies only if there is a merger. Until the MLAs don’t merge with another party, disqualification applies. Till today there’s no merger, they have voluntarily given up membership.”

“Proceedings have been initiated by Shiv Sena against 16 MLAs, under the provision in the Constitution which says that if a person gives up the membership of a party then he’s eligible for disqualification,” he told reporters.

Kamat said that writing against the government is considered as an anti-party activity, adding that such activities can lead to disqualification.

NO CONFIDENCE MOTION WAS SENT

He further added, “Under the Constitution, the Deputy Speaker has the power of the speaker in the latter’s absence, he can adjudicate on such matters. No confidence motion was sent through an unauthorized email address by rebels.”

“There were several meetings that were called by the Shiv Sena at different times, none of which were attended by them. Visiting BJP-ruled states, meeting BJP leaders, and attempting to topple the government amounts to a violation by rebels,” Advocate Devadatt Kamat was quoted by ANI as saying.

The national executive meeting of Shiv Sena had passed six resolutions which gave absolute rights to Maharashtra Chief Minister and party president Uddhav Thackeray to take action against the rebels to bring the revolt within the party under control.

The meeting was called after the political tensions in Maharashtra, triggered by a rebellion by a large section of Shiv Sena MLAs, flared up.

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