Singhvi says that generally Court will not record a statement made on behalf of the Speaker, as it will amount to breach of division between judiciary and legislature.
Dhavan on behalf of Deputy Speaker says that no decision on disqualification will be taken in the meantime.
Justice Kant : Should we record?
Kaul requests that the statement be recorded.
"The counter affidavits if any be filed within 5 days. Rejoinder thereto be filed within 3 days thereafter. List the matter for hearing on July 11"- bench order.
Bench issues notice on Eknath Shinde's petition. Notes Rajeev Dhavan accepts notice on behalf of Dy Speaker and Singhvi for Ajay Chaudhary and Sunil Prabhu. SG accepts notice for Centre.
Justice Kant : Dr Dhavan is there. Either the Dy Speaker should say because the time is till 5:30...Sometimes haste also gives undesirable instances. How soon can reply affidavits be filed?
Dhavan : For a balance, let them appear before the Speaker.
Justice Kant : Will it not be against the dignity of the speaker that allegations of charge are made and without hearing him he is removed?
Justice Kant : Is it your case that once a Speaker or Deputy Speaker is elected, it is only on a charge that he can be removed?
Kamat : Yes.
J Kant : In that case, the person will be condemned unheard and the consequences will be far fetched.
Kamat : To express no-confidence on Chief Minister, no reason is to be given. But as far as Speaker is concerned, please see Article 179, the word used is "removal". For "removal" reasons have to be given. Members can't merely say they have no confidence. It is only on charge
Kamat : There is no question of calling a special session just because of this bogey of no-confidence. There are Rules and the legislative rules do not allow.
Kamat : On Nabam Rebia, I have to say one or two things. One day before, the Speaker approves the appointment of leader on Shiv Sena letter head. Then, these MLAs on an alleged letter head, from an unverified mail..