Legislature chairs can direct, not dictate: Fadnavis

CM takes a tough stand after drama over deputy Speaker Neelam Gorhe’s order to suspend SP of Satara

Mumbai: Chief Minister Devendra Fadnavis on Tuesday drew a firm line regarding the constitutional powers of presiding officers in the state legislature. He categorically stated that the Speaker of the Legislative Assembly and the Chairperson of the Legislative Council do not possess executive authority. While they can issue directives to the state government, they cannot pass binding administrative orders. The ultimate right to scrutinize these directives and decide on their actual implementation rests solely with the state cabinet.

The Chief Minister made this crucial clarification during a heated debate in the Legislative Council. The house had witnessed an unusual impasse over conflicting instructions regarding the suspension of Satara Superintendent of Police Tushar Doshi. Deputy Chairperson Dr. Neelam Gorhe had previously directed the suspension of the SP and a few other police officials over their conduct during the Satara Zilla Parishad elections. However, Chairperson Ram Shinde subsequently held back these directives.

Intense Debate

This situation sparked an intense debate over the exact rights of the presiding officers. The issue was prominently raised in the house by Shiv Sena (UBT) leader Anil Parab, NCP-SP leader Shashikant Shinde, and BJP leader Pravin Darekar.

Replying to the debate, Fadnavis addressed the constitutional validity of the Chair’s powers. He emphasized that the Constitution clearly demarcates the duties and boundaries of the Legislature, the Executive, and the Judiciary. Executive rights are vested strictly in the cabinet. Fadnavis noted that while the cabinet is answerable to the legislature and always attempts to honour the Chair’s directives, there is no legal compulsion to execute them blindly. The cabinet has the right to independently scrutinize such instructions. If the government finds a directive lacking a complete factual basis, the cabinet can rightfully decline to act upon it.

Specific Example

The opposition leaders had specifically questioned whether presiding officers have the overarching right to directly suspend or dismiss senior IAS and IPS officers. To press their point, Parab and Shinde cited a recent controversy involving IAS officer and Maharashtra Pollution Control Board (MPCB) Member Secretary M Devendra Singh. The Chair of the Legislative Assembly had recently suspended Singh for skipping a crucial ministerial briefing. However, the state government later revoked this suspension after the officer issued a formal apology. The opposition demanded absolute clarity on the government’s stance regarding this power dynamic.

Fadnavis clearly distinguished between the two incidents to explain the rules. He noted that the initial action against the MPCB Member Secretary was well within the purview of the Assembly Chair. That specific offense involved an official failing to provide information for legislative business, directly impacting the functioning of the house. Conversely, the allegations against the Satara SP pertained to an electoral incident that occurred entirely outside the legislature. In such external matters, the Chief Minister reiterated, the executive branch must independently verify the claims made on the floor of the house. He concluded by firmly stating that presiding officers simply do not have the jurisdiction to pass final executive suspension orders for incidents happening outside the legislative framework.

Doshi proceeds on leave

The controversial police officer Tushar Doshi has gone on four days of unplanned leave, the Satara district police administration said. The move has led to speculation whether he has been sent on a forced leave.

Sena (UBT), Cong submit notice seeking removal of Gorhe

Opposition Shiv Sena (UBT) and Congress on Tuesday submitted a notice against Maharashtra legislative council’s Deputy Chairperson Neelam Gorhe to seek her removal from the post, accusing her of misusing her power by ordering suspension of an IPS officer.

The two opposition parties submitted the notice to the chairman of the council on the day Gorhe was given a farewell as her term is ending in May this year.

This is the second time that the Shiv Sena (UBT) has given notice seeking the removal of Gorhe, who was earlier aligned with Uddhav Thackeray-led party after the Shiv Sena split in June 2022 but later switched side and joined the Shiv Sena headed by Maharashtra Deputy Chief Minister Eknath Shinde.

The notice against Gorhe was signed by Shiv Sena (UBT) members Anil Parab, Sunil Shinde and Sachin Ahir, along with Congress’ Bhai Jagtap, Dhiraj Lingade and independent MLC Sudhakar Adbale. However, NCP (SP)’s Shashikant Shinde did not sign the notice. He had backed Gorhe’s move to suspend the Satara SP.

The notice against Gorhe is more of an optics as the budget session is concluding on Wednesday.

Gorhe’s fourth term as the member of the legislative council ends in May.

Congress leader raises issue of girls’ safety

Congress Legislature Party leader Vijay Wadettiwar on Tuesday claimed the law and order had deteriorated in Maharashtra, citing a case of six minor girls going missing in Chandrapur district.

Raising the issue in the state assembly through an adjournment motion, he demanded that a special search team be immediately constituted, and called for awareness measures in schools and colleges to ensure the safety of girls.

Wadettiwar referred to a case at Brahmapuri in Chandrapur where six minor girls, studying in classes 10 and 12, went missing recently.

“Only two of the girls have been traced so far, while four remain missing. The government spends crores on CCTV systems, but where are these mechanisms at the taluka level?” he asked.

The Congress leader further questioned police preparedness, saying, “When girls are being abducted and their mobile phones are switched off, what exactly is the police machinery doing?”

Wadettiwar also highlighted the impact of unseasonal rains and hailstorms in the Marathwada region, stating that thousands of hectares of rabi crops had been severely damaged in districts such as Nanded, Hingoli, Dharashiv and Chhatrapati Sambhajinagar.

“Farmers are dying, girls are not safe, yet the government seems more focused on chasing self-styled godmen. Can it not hear the cries of distressed parents and farmers?” Wadettiwar said.

Notably, Nashik-based self-styled godman Ashok Kharat, who claimed to be a retired Merchant Navy officer and was known as “captain”, was arrested on March 18 for rape and other offences on the complaint of a 35-year-old woman.

Shiv Sena MLA demands hospital

Shiv Sena MLA Rajesh More has demanded an establishment of a well-equipped 100-bed hospital at Nilje in Kalyan Rural constituency. The medical facility will provide significant healthcare relief to 77 villages in Kalyan Rural region, he said.

More on Tuesday submitted a letter to State Health Minister Prakash Abitkar requesting an establishment of a well-equipped 100-bed sub-district hospital at Nilje within the Kalyan Rural constituency.

“A demand for the setting-up of a hospital in Nilje has been advocated for a long period. The establishment of the Nilje sub-district hospital would provide immediate and high-quality healthcare services on a large scale to the residents of 27 villages in Kalyan Rural, 36 villages in the Shri Malanggad region and 14 villages that have been incorporated into Navi Mumbai Municipal Corporation,” said More.

“After apologising to the chair, I am saying this. The speaker and the chairman cannot step into the shoes of the executive. They have no power to step into the shoes of the executive. When the chair issues any direction, it is a direction issued according to given circumstances. The executive acts if there is any reality to it. If the facts are different from reality, the executive has the right to tell the legislature that the reality is different and its direction cannot be implemented. The chair’s direction cannot be a final word.”

Devendra Fadnavis, Chief Minister