The petitions challenge the decision by Deputy Speaker in Maharashtra

Context:

Shiv Sena rebels challenge Dy Speaker’s decisions in SC.
The court will take up two petitions on Monday — one by rebel Shiv Sena leader Eknath Shinde.
The petitions challenge the decision by Deputy Speaker Narhari Zirwal to recognise Ajay Choudhary as leader of the Shiv Sena Legislature Party (SSLP) in place of Shinde, and the disqualification notices served on Shinde and the 15 MLAs.

Issues with Deputy speaker’s decision:

According to the petition, the Deputy Speaker recognised Choudhary as leader of the SSLP “despite the said request being admittedly made by a minority faction” of the Legislature Party, and the action was, therefore, “illegal and unconstitutional”.
The notice issued to him on a plea to disqualify him from the Assembly too “is grossly illegal, unconstitutional and in utter disregard” of the previous rulings of the Supreme Court on this subject, according to petition.
The disqualification notice is an attempt to hastily disqualify” petitioner.He was given “merely 48 hrs.” to reply to the notice, whereas under the Rules, he is entitled to at least seven days, which can be extended further by the Speaker.
The notice is “completely mala fide and arbitrary and therefore violative of Article 14 of the Constitution and has been issued with a pre-meditated mindset to illegally disqualify” him.
According to the plea, the position of Speaker of the Maharashtra Assembly has been vacant since Nana Patole resigned in February 2021, and “thus, there is no authority who can adjudicate upon the disqualification petition under which the Impugned Notice has been issued.

Deputy Speaker of Lok Sabha

Like the Speaker, the Deputy Speaker is also elected by the legislative assembly itself from amongst its members.
He is elected after the election of the Speaker has taken place. The date of election of the Deputy Speaker is fixed by the Speaker.
Whenever the office of the Deputy Speaker falls vacant, the legislative assembly elects another member to fill the vacancy.
Like the Speaker, the Deputy Speaker remains in office usually during the life of the legislative assembly.
The Deputy Speaker performs the duties of the Speaker’s office when it is vacant. He also acts as the Speaker when the latter is absent from the sitting of the House.In both the cases, he assumes all the powers of the Speaker.
The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a committee, he automatically becomes its chairman.

Speaker

The Speaker is elected by the legislative assembly from amongst its members (as soon as may be, after its first sitting).
Whenever the office of the Speaker falls vacant, the legislative assembly elects another member to fill the vacancy. The date of election of the Speaker is fixed by the Governor.
Usually, the Speaker remains in office during the life of the legislative assembly.
He decides the questions of disqualification of a member of the legislative assembly, arising on the ground of defection under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review.

TENTH SCHEDULE

The Tenth Schedule was inserted in the Constitution in 1985 by 52nd amendment.
It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.