The Supreme Court on July 10 accepted to hear a plea by the Uddhav Thackeraygroup opposing Maharashtra Legislative Assembly Speaker Rahul Narwekar’s decision declaring Shiv Sena bloc led by Chief Minister Eknath Shinde as the “real political party” after it split in June 2022.
Furthermore, the petitioner’s requests for disqualification of CM Shinde and his supportive MLAs were also rejected by the Speaker.
A senior advocate Abhishek Singhvi pleaded with a Bench of which Chief Justice D. Y. Chandrachud and justices J. B. Pardiwala and Manoh Misra is part that the plea needed to be listed for hearing as even if it has not been filed yet, its constitution ends in a few days, “I will see,” replied CJI and asked him to send an email about it.
On January 22, notices were issued to Mr Prabhu, who belongs to Shiv Sena faction led by Uddhav Thackeray, along with his associates in parliament by India’s top court.
The said group headed by Mr Prabhu accuses Mr Shinde of “unconstitutionally usurping power” through “unconstitutional government”.
Equally, he dismissed Narwekar’s request from these people that resulted into invalidation of their protests against ruling Sainiks like Eknath.
In challenging orders passed by the current petitioners’ speaker however; they have been stated as “patently unlawful and perverse” because instead of punishing any act of defection they reward defectors as their main source of strength.
“None are liable for disqualification for all impugned decisions are premised upon common finding that majority legislators represented will governing party”, read out the submission.
No MLA from the opposite camp was disqualified by the speaker in his ruling on the said disqualification petitions.
After 18 months, this has further cemented Mr Shinde’s position as the Chief Minister, who had led a rebellion against Thackeray, and increased political weight within the ruling coalition with BJP and NCP (Ajit Pawar group).
No provisions of Constitution can be used by party leaders to quell dissent or indiscipline under Tenth Schedule,” says Mr Narwekar.
“The ‘Shiv Sena’ name and ‘bow and arrow’ symbol were given to the Shinde-led faction by the Election Commission earlier this year.” The Speaker had noted that during the split in June 2022, this wing had backing of 37 out of total 54 Sena MLAs.
In his order on disqualification pleadings filed against each other’s MLAs by Shinde-led Sena and rival Thackeray group, Mr Narwekar stated that Sunil Prabhu (Sena [UBT]) ceased to be whip from June 21, 2022 (when party split) while Bharat Gogawale became authorized whip for Shinde group MLA.
“There is no authority vested in Shiv Sena ‘pramukh’ to remove any leader from within,” he contested arguing that party’s chief desire mirrored party’s delight.
