CM Shinde has BJP backing, Solicitor General’s opinion too

Mumbai: The newly installed Eknath Shinde-led government has focused its political moves only after legal consultations, including with India’s Solicitor General Tushar Mehta on the twin issues of disqualification of MLAs as well as OBC reservations in local body polls.

“The MVA government’s approach was to first act (read: issue disqualification notices to 16 rebel MLAs) and then take legal opinions, while we first took legal opinions (read: of SG Mehta) before issuing notices to all 53 MLAs from both Sena factions, based on legal strategy. We are also confident of ensuring OBC reservations (currently being heard in the Supreme Court) before the forthcoming civic elections,” a senior BJP leader told First India. “Under the anti-defection rules, if a complaint is made to the speaker, he has to examine it and if satisfied that it complies with the requirement, he can issue notices. This was done as the case came forward before him (newly elected speaker Rahul Narvekar),” a Vidhan Bhavan official explained with regards to the disqualification notices issued to 53 MLAs by the Shinde government. “The notices to the MLAs from both camps of the split Sena is a strategic ploy by the ruling dispensation,” this person added.

“The new Speaker will decide on the matter. Ironically, it was his own election over which notices were issued. The Thackerayled MLAs, except Aditya Thackeray, were issued notices for failing to obey the whip issued by the Shinde faction to vote for Narvekar as Speaker. Similarly, the Shindeled group was also issued notice for failing to obey the Thackeray controlled Chief Whip who directed Sena votes for the MVA candidate. The speaker will rule, and keep the political options alive for the ruling dispensation,” a senior BJP leader said, adding that Narvekar can also intervene in the MVA government’s efforts to disqualify the 16 rebel Sena MLAs. The new government is now sitting pretty over the legally studied and endorsed strategy they have employed before the Supreme Court on the issues of the disqualifications, no-confidence motion against the Deputy Speaker as well as in the matter regarding OBC reservations. As against this, the efforts of the earlier dispensation has been placed before a constitutional bench that is not expected to issue a ruling any time soon, considering the legal complexities involved and their lack of legal preparation.