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“Maharashtra Chief Minister and Governor not on same page:” Bombay High Court dismisses challenge to Speaker Election Rules

Senior Advocate Mahesh Jethmalani arguing for the BJP MLA stated that when amendments were made, Mahajan was serving his suspension period.

The Court, however, did not accept this contention.

“Say these rules are made in your absence, which affect the public at large. Can you come back and say that decision should be reversed. Can that be done? Can you seek reversal? No, it cannot be done!” CJ Datta stated.

Jethmalani contended that public at large were effected due to the amendment. However, this was also not accepted by the Court.

“The public is least concerned with the election of speaker and deputy speaker. Just ask in this very court room who is the Lok Sabha speaker. How many will be able to reply? Until and unless this deals with public at large, this cannot be entertained in a public interest litigation,” CJ Datta remarked.

Jethmalani however stated that the Chief Minister could not ask the Governor at all to fix a date for the speaker election. He argued that the purpose of the Court was to ensure that everyone remains within their boundaries and follow good governance.

Advocate Subhash Jha for Vyas also reiterated similar arguments.

However, the Court remained unconvinced at the end of hearing which went on for over 2 hours.

“The rules do not say anywhere the Chief Minister is unilaterally taking a decision to appoint speaker and deputy speaker. He is only taking a decision on the date of election,” the Court noted, before dismissing the petitions.

Source: Barandbench

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