NEW DELHI: The Supreme Court of India, Today(January 22,2024) took a significant step by issuing a notice on a petition filed by a member of the Shiv Sena faction led by Uddhav Balasaheb Thackeray. This petition challenges the Maharashtra Speaker’s decision to not disqualify the MLAs of the Shiv Sena faction led by Eknath Shinde, as per the provisions of the tenth schedule of the Constitution.
The bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, has set a two-week deadline for the return of the notice. During the proceedings, Chief Justice Chandrachud inquired from Senior Advocate Kapil Sibal, representing the petitioner, about the possibility of approaching the High Court.
“Should this Court hear or the High Court under Article 226?,”
the CJI asked.
Sibal raised concerns about potential delays in adjudication if the matter were transferred to the High Court. He argued that the Speaker’s order contradicts the Supreme Court’s judgment, warranting the apex court’s intervention.
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This development follows a parallel legal challenge where the Eknath Shinde group has petitioned the Bombay High Court against the Speaker’s refusal to disqualify the Uddhav Thackeray group. The High Court issued notice on the Shinde group’s petition last week.
The current Special Leave Petition under Article 136, filed by UBT member Sunil Prabhu, contests the order dated January 10, 2024, by the Speaker of the Maharashtra Legislative Assembly. This order dismissed the disqualification petitions filed by the Uddhav Thackeray group against the Shinde faction.
Speaker Rahul Narwekar, in his ruling, dismissed the sets of disqualification petitions filed by both the Shinde and Thackeray groups against each other. He declared the Shinde group as the ‘real’ Shiv Sena, citing their legislative majority at the time the rival factions emerged in June 2022. The Speaker also recognized the whip appointed by Shinde as the official whip of the Shiv Sena party and noted that there was no violation of the whip by the Shinde group MLAs.
The Uddhav Sena faction challenges this ruling, asserting that it violates the Supreme Court’s judgment in Subhash Desai v. Governor of Maharashtra, by conflating the concept of ‘legislature party’ with the ‘political party’.
This case, marks a critical juncture in the ongoing political turmoil within the Shiv Sena, with potential implications for the party’s future and Maharashtra’s political landscape. The Supreme Court’s decision in this matter is eagerly awaited, as it will set a precedent for similar political disputes in the future.
Case Title-
Sunil Prabhu v. Eknath Shinde SLP(C) No. 1644-1662/2024
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