Supreme Court defers Uddhav Thackeray faction's plea against Maharashtra Speaker's decision

Sena vs Sena: In addition to contesting the Maharashtra Speaker's decision not to disqualify Shinde and his group, the Thackeray faction challenged the Speaker's recognition of the Shinde faction as the 'real Shiv Sena' following a split in June 2022.

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Courtesy: ANI

Sena vs Sena: The Supreme Court deferred the hearing of a petition filed by the Uddhav Thackeray faction of Shiv Sena challenging Maharashtra Speaker Rahul Narwekar's decision on the dismissal of disqualification pleas against Chief Minister Eknath Shinde faction MLAs. The bench, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, cited time constraints for postponing the hearing and indicated a likelihood of listing the matter for Friday.

Background

Last month, the Supreme Court issued notices to Shinde and 38 MLAs of his group in response to a plea by Sunil Prabhu from the Thackeray faction challenging the Speaker's order. The Shinde group had approached the Bombay High Court against the Speaker's refusal to disqualify the Uddhav Thackeray group, leading to the issuance of a notice on their petition by the High Court.

Challenging Speaker's Decision

In addition to contesting the Maharashtra Speaker's decision not to disqualify Shinde and his group, the Thackeray faction challenged the Speaker's recognition of the Shinde faction as the 'real Shiv Sena' following a split in June 2022. The Speaker's ruling came on January 10, almost two years after the Thackeray camp filed disqualification petitions against Shinde and his supporters under the Tenth Schedule of the Constitution.

Allegations Against Speaker's Decision

The Thackeray faction accused the Speaker of exercising power in a biased manner based on irrelevant considerations. They approached the apex court against the dismissal of the disqualification petitions, arguing that the decision was flawed and politically motivated.

Legal History

Previously, the Supreme Court had urged the Speaker to promptly decide on the disqualification petitions. The petitions were filed after the MLAs revolted against Thackeray, leading to a political crisis in Maharashtra. Despite legal challenges, Shinde remained Chief Minister after Thackeray resigned, choosing not to face a floor test in the Assembly.

Ongoing Legal Battle

The legal battle between the rival factions of Shiv Sena has dragged on, with the Supreme Court navigating complex constitutional issues and electoral disputes. The delay in the hearing underscores the contentious nature of the case and the challenges of resolving intra-party conflicts within India's political landscape.

As the Supreme Court defers the hearing, the fate of the disqualification petitions and the ongoing power struggle within Shiv Sena remains uncertain. The legal process continues amidst political tensions, highlighting the intricacies of India's democratic institutions and the judiciary's role in upholding constitutional principles.