SC to hear next week Maha BJP MLAs plea against HC order dismissing plea on new rule on Speakers election
New Delhi Mar 24 PTI The Supreme Court on Thursday agreed to hear next week a plea filed by Maharashtra BJP MLA Girish Mahajan against the Bombay High Court order dismissing his plea challenging the validity of new rules of open voting method to elect the Speaker and Deputy Speaker of the state AssemblyA bench of Chief Justice N V Ramana and Justice Krishna Murari allowed urgent hearing of the matter after it was mentioned by senior advocate A M Singhvi on behalf of the Maharashtra governmentSinghvi informed the Court the issue related to whether the Chief Minister can recommend fixing of dates in election of a speakerFrom December onwards we are trying to get a date only Meanwhile the other side files SLP and doesnt get it listed Now the Governor says the matter is sub-judice Singhvi submittedHe stated that the Governor says he wont fix a date and sought urgent listing saying the Assembly is headlessMahajan in the PIL has alleged that the notification dated December 23 2021 was illegally and arbitrarily issued by the Maharashtra government amending Rules 6 and 7 of the Maharashtra Legislative Assembly Rule 1960 under which the secret ballot method was replaced with an open vote system through voice vote and show of handsThe appeal said that the Bombay High Court has dismissed on March 9 the PIL filed by petitioner Mahajan that raised several substantial questions of laws having an impact on the general public at large The appeal questioned whether Maharashtra Assembly Rules 1960 are procedures established by law as held by this court in a plethora of casesMahajans appeal said that the MLA Rules are procedures established by law and cannot be derogated by the Assembly and such rules can only be amended as per the procedure established under the rules as applicable in the Maharashtra AssemblyThe petitioner further submits that the Impugned Notification has been wrongly issued exercising powers under Rule 225 3 of the MLA Rules which envisages a situation that there were no objections received by the committee to the proposed amendments the petition said and termed it erroneous PTI PKS SA
New Delhi Mar 24 PTI The Supreme Court on Thursday agreed to hear next week a plea filed by Maharashtra BJP MLA Girish Mahajan against the Bombay High Court order dismissing his plea challenging the validity of new rules of open voting method to elect the Speaker and Deputy Speaker of the state AssemblyA bench of Chief Justice N V Ramana and Justice Krishna Murari allowed urgent hearing of the matter after it was mentioned by senior advocate A M Singhvi on behalf of the Maharashtra governmentSinghvi informed the Court the issue related to whether the Chief Minister can recommend fixing of dates in election of a speakerFrom December onwards we are trying to get a date only Meanwhile the other side files SLP and doesnt get it listed Now the Governor says the matter is sub-judice Singhvi submittedHe stated that the Governor says he wont fix a date and sought urgent listing saying the Assembly is headlessMahajan in the PIL has alleged that the notification dated December 23 2021 was illegally and arbitrarily issued by the Maharashtra government amending Rules 6 and 7 of the Maharashtra Legislative Assembly Rule 1960 under which the secret ballot method was replaced with an open vote system through voice vote and show of handsThe appeal said that the Bombay High Court has dismissed on March 9 the PIL filed by petitioner Mahajan that raised several substantial questions of laws having an impact on the general public at large The appeal questioned whether Maharashtra Assembly Rules 1960 are procedures established by law as held by this court in a plethora of casesMahajans appeal said that the MLA Rules are procedures established by law and cannot be derogated by the Assembly and such rules can only be amended as per the procedure established under the rules as applicable in the Maharashtra AssemblyThe petitioner further submits that the Impugned Notification has been wrongly issued exercising powers under Rule 225 3 of the MLA Rules which envisages a situation that there were no objections received by the committee to the proposed amendments the petition said and termed it erroneous PTI PKS SA
