The Supreme Court has issued notices to Chief Minister Eknath Shinde and other MLAs following a plea by the Uddhav Thackeray faction challenging the Maharashtra Legislative Assembly Speaker Rahul Narwekar's order. The Speaker's ruling declared the Shiv Sena bloc led by Shinde as the "real political party" post its split in June 2022. Here are the key details:
Legal challenge by Thackeray faction
The Uddhav Thackeray faction has approached the Supreme Court challenging Speaker Narwekar's order, contending that it unfairly recognizes Shinde's bloc as the authentic Shiv Sena. Senior advocates Kapil Sibal and Abhishek Singhvi represented the Thackeray faction, presenting their case before the bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra.
Supreme Court seeks response
The apex court has sought a response from Chief Minister Eknath Shinde and other MLAs within two weeks, acknowledging the gravity of the internal dispute within the Shiv Sena. The Thackeray faction alleged that Shinde has unconstitutionally assumed power, leading an "unconstitutional government."
Option of Bombay High Court considered
Initially, the Supreme Court suggested that the plea could be heard by the Bombay High Court. However, senior lawyers representing the Thackeray faction opposed this idea, asserting that the apex court is better equipped to handle the case.
Speaker's order and defection allegations
The Thackeray faction disputed the legality of Speaker Narwekar's order issued on January 10, which declared Shinde's bloc as the legitimate political party. Speaker Narwekar also rejected the Thackeray faction's plea to disqualify 16 MLAs from the ruling camp, including Shinde, adding complexity to the internal conflict.
Allegations of unlawfulness and perversity
The Thackeray faction contended that the orders passed by the Speaker are "patently unlawful and perverse." They argued that instead of penalising acts of defection, the orders reward defectors by recognising them as part of the political party. As the legal battle unfolded, the Supreme Court's intervention in the Shiv Sena faction dispute will likely bring clarity to the constitutional and procedural aspects surrounding Speaker Narwekar's order.
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