Disqualification Law Does Not Apply To Council Deputy Chairperson Gorhe: Fadnavis

Amid demand by the Shiv Sena (UBT) that Maharashtra legislative council's deputy chairperson Neelam Gorhe should be disqualified, Deputy Chief Minister Devendra Fadnavis on Tuesday said the law on disqualification does not apply to her post.
    
Earlier a loyalist of Uddhav Thackeray, Gorhe joined the rival Shiv Sena led by Chief Minister Eknath Shinde earlier this month.
        
Speaking on the issue in the council, Fadnavis said she had not joined any new party, as she was elected as a member of the House on the Shiv Sena ticket and its `bow and arrow symbol, and both the party name and symbol now belong to the Shinde-led Shiv Sena. 
           
Shiv Sena (UBT) leader Anil Parab raised the issue, saying that until a decision on Gorhe's removal as deputy chairperson or her disqualification is taken, she should not function as deputy chairperson. 
          
“Her act attracts action under the tenth schedule (of the Constitution which contains provisions about disqualification of lawmakers)," Parab said.
    
Fadnavis countered this argument. "The tenth schedule does not apply to the chairperson and deputy chairperson. There is no disqualification of deputy chairperson under law,” the BJP leader said. 
     
The remaining Sena members in the Uddhav Thackeray faction should also join the “original Shiv Sena” because questions will arise about their membership, Fadnavis said. 
     
A decision on the Sena (UBT) petition seeking disqualification of Gorhe as an MLC can be taken once the chairperson is elected or a member is nominated to take a call on it, he said. 
    
“The process of disqualification is not part of the proceedings of the House. Till the time the membership of the house is not disqualified, a member can participate and occupy the highest position in the house,” Fadnavis added. 
    
Niranjan Davkhare, who was in the chair, said this is a novel situation, so a panel will be formed to take a decision. 
     
 Jayant Patil of the Peasants and Workers Party said Gorhe joined the Shinde-led Sena on the premises of the state legislature and asked whether it was permissible in her capacity as deputy chairperson. He also demanded that the election for the post of chairperson be held. 
          
NCP's Shashikant Shinde said as long as the decision is not taken on her removal, Gorhe should give charge of her post to some other member. 
          
Satej Patil of the Congress said Gorhe's case was fit for disqualification. There is a constitutional crisis as the presiding officer of the House changed the party and there is no chairperson, he said.       
          
Culture minister and BJP leader Sudhir Mungantiwar, on the other hand, said Gorhe had not left the Shiv Sena by quitting the Uddhav Thackeray-led Sena.