JUDGMENT :

1. These two writ petitions, invoking the Public Interest Litigation (hereafter ‘PIL’, for short) jurisdiction of this Court under Rule 4 (e) of the Bombay High Court Public Interest Litigation Rules, 2010 (hereafter “the PIL Rules”, for short) raise common questions; hence, they are disposed of by this common judgment and order.

2. In PIL Petition (L) No. 5741 of 2022, instituted by Shri Janak N. Vyas (hereafter “Vyas”, for short,) the following relief is claimed :

“(a) Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction declaring the notification bearing No. 1/D-9/2021 dated 23.12.2021 for amending Rule 6 and 7 of the Maharashtra Legislative Assembly Rules, 1960, as unconstitutional and illegal in the eyes of law;

(b) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the State Government to not implement notification bearing No. 1/D-9/2021 dated 23.12.2021, as the same is unconstitutional and illegal in the eyes of law”.

3. The facts leading to institution of PIL Petition (L) No. 5741 of 2022, in brief, are as follows :

(a) Vyas claims to be a public-spirited citizen. In November, 2019, the Maharashtra Vikas Aghadi (hereafter “MVA”, for short), a coalition consisting of Shiv Sena, the Indian National Congress and the Nationalist Congress Party formed the Government in the State of Maharashtra. On December 2, 2019, Shri Nana Falgunrao Patole was elected as Speaker of the Maharashtra Legislative Assembly (hereafter “the Assembly”, for short). On March 14, 2020, Shri Narhari Zirwal was elected as the Deputy Speaker of the Assembly. On February 5, 2021, Shri Nana Falgunrao Patole resigned from the office of the Speaker of the Assembly. Such office is lying vacant till date. By virtue of Rule 9 of the Maharashtra Legislative Assembly Rules, 1960 (hereafter “the MLA Rules”, for short), Shri Narhari Zirwal, the Deputy Speaker, started discharging duties of the Speaker in the Assembly.

(b) A story appeared on July 16, 2021 in a media outlet, ‘The Print’. It published an interview of a senior member from the ruling party expressing an apprehension that the Chief Minister is hesitant to hold an election for the Speaker’s post through a secret ballot. The reason being that as there are certain disputes amongst the members of the Assembly from the ruling party, even if a few members vote differently, it will show the Government in poor light and give fodder to the opposition. The tenor of the interview appears to be that with a secret ballot, it would not be possible to identify these members and hence the reluctance to elect the Speaker.

(c) The respondent (mentioned in the cause-title as the State of Maharashtra, through Secretary, Home Department, 2nd floor, Mantralaya) issued the impugned notification bearing No. 1/D-9/2021 dated December 23, 2021 amending Rules 6 and 7 of the MLA Rules, thereby changing the well-established and democratic procedure of election of the Speaker and Deputy Speaker of the Assembly. The procedure of secret ballot was changed to open voting by show of hands or voice vote and also that the date of election of the Speaker is now to be notified by the Governor on the recommendation of the Chief Minister. A comparative chart of Rules 6 and 7 prior to and post amendment, for convenience, is reproduced hereunder reading thus: -