Maharashtra BJP MLA Girish Mahajan moves Supreme Court challenging amendments to Speaker Election Rules

Bharatiya Janata Party (BJP) lawmaker Girish Mahajan has approached the Supreme Court against the Bombay High Court verdict which dismissed the challenge to the rules for election of Speaker and Deputy Speaker of the Maharashtra Assembly [Girish Mahajan v. State of Maharashtra & Ors]..Mahajan has challenged a notification dated December 23, 2021, issued by the Maharashtra government amending Rules 6 (election of Speaker) and 7 (selection of Deputy Speaker) of the MLA Rules, on the ground that the same was arbitrary and ultra vires the Constitution.The plea was mentioned on Monday before Justice UU Lalit since Chief Justice of India NV Ramana was not sitting. Justice Lalit asked the counsel to mention it before the CJI on Tuesday..The plea stated that by way of the amendment, the State has essentially:removed the procedure of secret ballot and replaced it with voice vote;restricted the power of the Governor to notify the date of the election and the same has been transferred to the Chief Minister (which gives absolute power to the Chief Minister of State by holding elections); andinstead of ‘election’ of the Deputy Speaker, the amendment provides for 'selection’..The High Court, while dismissing the plea, had directed that an amount of ₹10 lakh which was deposited by Mahajan as precondition to hear the matter, be forfeited.Even as the Court dismissed the plea, it made strong remarks about the manner in which the State of Maharashtra and the State's Governor had been functioning, with the citizens eventually suffering for the same."The unfortunate part is this that the two highest functionaries (Governor and Chief Minister) do not trust each other. You both please sit together and sort this out between yourselves. Erase all these differences. Your ramblings do not take the State forward. There is always the other side of coin. We all read. The governor and CM are not on the same page.... Who is suffering?" Chief Justice Dipankar Datta had stated..The plea before the top court said that the notification under challenge has been wrongly issued exercising powers under Rule 225 (3) of the MLA Rules, which envisages a situation where no objections are received by the committee to the proposed amendments."It is submitted that the same is erroneous as it is a matter of fact that 47 objections/ suggestions were received by the committee. However, the same were completely made redundant and ignored by the committee. It is submitted that once any objection /suggestions are received the procedure to be followed for the amendment to be passed has been envisaged under 225 (2) of the MLA Rules 1960," the appeal said..Mahajan submitted that instead of following the procedure under Rule 225 (2) and passing the amendment under the said Rule, the respondent has mischievously exercised its powers under Rule 225(3) to issue the notification..The notification is in violation of Article 163(1) of the Constitution as the function under Rule 6 of the MLA Rules (to call for Election of the Speaker) "is a function on which he is not bound by the aid and advise of the Council of Ministers which is similar to the last part of the Article 163(1) of the Constitution of India," the plea stated.."Maharashtra Chief Minister and Governor not on same page:" Bombay High Court dismisses challenge to Speaker Election Rules

Maharashtra BJP MLA Girish Mahajan moves Supreme Court challenging amendments to Speaker Election Rules

Related Stories