Maharashtra: BJP MLA Girish Mahajan files PIL; claims “bias” in new rule to elect assembly speaker

MUMBAI: In a new challenge to the amended rules for the election of Maharashtra speaker, Bharatiya Janata Party (BJP) member of legislative assembly (MLA) Girish Mahajan from Jamner assembly, Jalgaon filed public interest litigation (PIL) on Thursday before Bombay high court.
His PIL says, “the notification will lead to the death of democracy by giving arbitrary powers to the chief minister for appointment of speaker in the assembly.’’
The fresh PIL seeks setting aside a December 23, 2021 notification issued by the Maharashtra government amending rules 6 and 7 of the Maharashtra legislative assembly rules.It says the amendment is arbitrary and unconstitutional.
The rules now make voice or hand votes as part of the process to elect the speaker rather than a secret ballot. It says the amendment says that the now “election of the speaker shall be notified by the chief minister instead of the governor.’’
The PIL seeks to raise several questions including whether the new rule “would lead to favouritism and bias in the state legislative assembly against the opposition and appointment of favourable candidate as speaker which will dilute its neutrality towards all members of the assembly’’ and “restrict the power of the governor under Constitution of India to ‘preserve, protect and defend the Constitution of India.’’.
The PIL also says the state’s notification is in violation of Article 163 of Constitution of India which clearly states that council of ministers with chief minister to aid and advice the governor in exercise of his functions except when the Governor is functioning in exercise of his disretion.’’
The budget session of the state legislative assembly began on March 3.
Last week the HC had directed another petitioner, one Janak Vyas, who in a PIL challenged the same notification, to first deposit Rs 2 lakh by March 3 under the court’s PIL rules if he wanted the court to hear the matter.
Advocate general Ashutosh Kumbhakoni had raised a preliminary objection to maintainability of the PIL filed by Vyas.
Mahajan’s PIL says that on November 26, 2019 the former chief minister of Maharashtra had resigned due to “malafide and illegal tricks and action of the present government.’’ It adds that the present MVA coalition government was sworn in on November 28 and on December 2, 2019 Nana Patole was elected speaker of the state assembly in a fair manner and after he resigned on February 5, 2021, deputy Speaker Narhari Zirwal “started discharging the duties’’ of the Speaker and till date the speaker’s post is vacant.
In the PIL by Vyas, the HC bench of chief justice Dipankar Datta and Justice M S Karnik had on February 28 said, “Before we proceed to hear the parties further on the preliminary objection to the maintainability of this PIL petition, we are inclined to invoke the power conferred by Rule 7A of the Bombay High Court Public Interest Litigation Rules, 2010.’’ It had directed him to put in a security deposit of Rs. 2 lakh by March 3, based on which the PIL would be listed on March 4.
Mahajan’s PIL says on July 5, 2021 a resolution for suspension of 12 MLAs from BJP including him was moved by minister of legislative affairs filed a PIL to challenge.