In a significant development in Maharashtra’s political landscape, the Supreme Court has listed the hearing of a petition filed by the Shiv Sena-Uddhav Thackeray faction for April 8, 2024. The apex court has also summoned original records pertaining to the disqualification of MLAs belonging to the Eknath Shinde group, including the Chief Minister, from the office of the Maharashtra Legislative Assembly Speaker.
The backdrop of this legal battle traces back to January 10, 2024, when Maharashtra Assembly Speaker Rahul Narwekar declared the Shiv Sena-Eknath Shinde group as the “real political party” following its split in June 2022. This decision by the Speaker marked a turning point in the ongoing feud within the Shiv Sena party.
Speaker Narwekar’s ruling also entailed the rejection of the Uddhav Thackeray faction’s plea to disqualify 16 MLAs of the ruling camp, led by Eknath Shinde. This decision exacerbated the tensions between the two factions and prompted legal action from the Thackeray group.
A bench of the Supreme Court, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, has taken cognizance of the matter and summoned the original documents from the Maharashtra Speaker’s office. Additionally, the court has directed Maharashtra Chief Minister Eknath Shinde’s faction to file a response to the Thackeray group’s plea by April 1.
The legal battle between the two factions has been intense, with both sides presenting their arguments before the courts. In January, the apex court issued notices to Maharashtra Chief Minister Shinde and 38 MLAs of his group in response to the Thackeray faction’s plea challenging the Speaker’s order. The Thackeray faction contested the Speaker’s decision to recognize the Shinde faction as the ‘real Shiv Sena’ after the split in June 2022.
The roots of this political turmoil can be traced back to the disqualification petitions filed by Uddhav Thackeray’s camp against Shinde and his supporting legislators under the Tenth Schedule (anti-defection law) of the Constitution. However, the Speaker’s decision to dismiss these petitions sparked outrage and legal action from the Thackeray faction, alleging bias and misuse of power.
The Thackeray faction has argued that the Speaker’s decision was a “colourable” exercise of power based on “extraneous and irrelevant” considerations. They have petitioned the Supreme Court to overturn the Speaker’s ruling and reinstate the disqualification of Shinde and his supporters.
This legal saga underscores the deep divisions within the Shiv Sena party and the high stakes involved for both factions. The outcome of the Supreme Court’s hearing on April 8 will have far-reaching implications for Maharashtra’s political landscape and could potentially reshape the balance of power within the state government.
Meanwhile, observers are closely watching the developments, as the legal battle between the two factions continues to unfold. The Supreme Court’s intervention in this matter reflects the gravity of the situation and the need for a swift resolution to the ongoing dispute within the Shiv Sena party.
