Maharashtra govt firm on Speaker's election on December 28 despite no nod from Governor Koshyari

Bhagat Singh Koshyari. File Pic

In a fresh confrontation with the Raj Bhavan, the MVA government in Maharashtra conveyed to Governor Bhagat Singh Koshyari that a delay in approving the schedule for election of the Legislative Assembly Speaker will be taken as his "consent", sources said as the ruling coalition appeared firm on electing a new Speaker on December 28.

The Shiv Sena-led Maha Vikas Aghadi (MVA) government, which has been at loggerheads with the Governor's office over a number of issues, appears firm on holding the Speaker election on Tuesday, the last day of the ongoing winter session of the legislature, despite the Governor refusing to accept the ruling coalition's request for approval of the schedule. The Congress, a constituent of the MVA, has accused the opposition BJP of obstructing the Speaker's election by using the Governor's office. The post is lying vacant since February this year.

Notably, 12 MLAs of the BJP are under suspension for a year since the monsoon session in July this year for allegedly misbehaving with the presiding officer in the Speaker's chamber. A senior minister told PTI that the Governor, in a letter to Chief Minister Uddhav Thackeray on Monday morning, said the amendment in existing legislative rules to pave the way for holding the Speaker's election through a voice vote in the Assembly and not ballot was ''unconstitutional''.

A delegation of MVA ministers had met the Governor on Sunday with a letter of the Chief Minister seeking approval to hold the Speaker election in the ongoing legislature session itself. The minister said a second letter sent to the Raj Bhavan on Monday evening explained that the government was within its rights to amend the existing rules related to the Speaker's election.

"We are firm on holding the election tomorrow (Tuesday),'' he said. The development comes amid reports that Koshyari has not accepted the state government's plea for holding the speaker's election during the winter session of the state legislature. Yesterday, the Governor had told a government delegation comprising Revenue Minister Balasaheb Thorat, Urban Development Minister Eknath Shinde and Food and Civil Supplies Minister Chhagan Bhujbal that he would seek legal opinion on the issue and get back to them.

Later, Thorat had said the governor sought details of the amendments to the legislative rules about holding the election through a voice vote instead of ballot. Shinde also had said the change in procedure of holding the Speaker's election was done as per the rules. Shiv Sena leader Sanjay Raut took a swipe at the Governor this morning saying "too much of study is not good in a democracy". "What matters in a democracy is listening to the voice of the people. As per Constitution, a Governor has to abide by the recommendations of the state cabinet,'' he said.

Maharashtra Congress president and MLA Nana Patole said the proposed election of the Speaker by a voice vote is not unconstitutional. The post of Speaker is lying vacant since February this year after Patole, who was elected to the constitutional position in end-2019, resigned to take charge as the state Congress chief. "Election of the Speaker of the Legislative Assembly will be held by a voice vote (instead of through ballot) and the government has planned to hold this election tomorrow (Dec 28) itself," Patole told reporters.

Patole was responding to a media query about a letter sent by the Governor to the state government saying holding the election through a voice vote will be unconstitutional. The Congress MLA said the legislature has powers to amend rules related to election of Speaker and they were amended accordingly in Maharashtra. There is a similar process in the Lok Sabha and Maharashtra has adopted the same process of electing the Speaker by a voice vote, he said.

The Uddhav Thackeray-led MVA government and Koshyari have had constant face-offs since the three-party ruling coalition assumed office in November 2019. Koshyari had declined to nominate Thackeray (who is not an MLA) to the Legislative Council through the Governor's quota after the biennial election to the Upper house of the legislature were put off during the Covid-19 lockdown last year.

The Governor's refusal had even threatened the survival of the MVA government as Thackeray had to get elected to either house of the Legislature before May 2020. He was not a member of the legislature when he was sworn in as chief minister in November 2019. Koshyari has also not accepted the state cabinet's recommendations to nominate 12 members to the Legislative Council through the governor's quota.

Koshyari had also written a letter to Thackeray on the issue of delay in reopening of temples and questioned his Hindutva ideals. The state government had denied Koshyari permission to use the official plane to visit Uttarakhand, his home state. Meanwhile, senior Advocate Shrihari Aney, a former Advocate General of Maharashtra, told PTI that what the Governor says may not have any legal implications when it comes to elections inside the House.

Also Read: Maharashtra Legislature passes resolution for postponement of local body polls in absence of OBC quota

"The basic position in law is that the elections are conducted in the House by the Speaker. In this the Governor has no role to play," Aney said. If the Governor wants to give any directions or has anything to say, then it has to be in private, Aney added. The senior advocate further said if the Speaker (the Chair) says there will be a voice vote, instead of a secret ballot, and if there is a section of MLAs which does not like this process, then they can ask the Speaker (presiding officer) for a division (of votes).

"Then the Speaker (the Chair) would have to take a decision on whether the elections would be held via voice vote or a ballot. While the Governor may not have any legal rights but what he says can be considered as what a section of MLAs want" Aney said.

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