Chief Justice of India Justice DY Chandrachud has agreed to hear the plea filed by the Uddhav Thackeray faction of the Shiv Sena on January 22 challenging Maharashtra Assembly Speaker Rahul Narwekar’s order.
The Uddhav Thackeray faction of the Shiv Sena approached the Supreme Court on January 15, challenging Narwekar’s order declaring the Sena bloc led by Maharashtra Chief Minister Eknath Shinde as the real party after the June 2022 split.
Subsequently, the Speaker dismissed disqualification petitions against Chief Minister Eknath Shinde and 38 MLAs ruling the Shinde faction the real Shiv Sena. Pronouncing the verdict, Rahul Narwekar had said no party leadership can use provisions of the 10th Schedule of the Constitution (anti-defection law) to quell dissent or indiscipline within a party.
The Speaker had further noted that the Shinde group had the support of 37 among 57 Sena MLAs when the party split in June 2022. Additionally, the Election Commission of India had also given the Shiv Sena name and bow and arrow symbol to the Shinde-led faction in early 2023.
Nonetheless, the Uddhav Thackeray faction criticised the Speaker for the verdict and accused him of colluding with Eknath Shinde. Earlier, Thackeray had raised an objection to a meeting between Narwekar and Shinde, ahead of the verdict in the Shiv Sena MLA disqualification case.
Uddhav Thackeray asserted that the Speaker’s verdict was in violation of the apex court order and is a ploy to kill democracy. The Shiv Sena (UBT) further accused the Maharashtra speaker of acting like Chief Minister Eknath Shinde’s lawyer while giving his ruling on a disqualification petition lodged by the warring Sena faction. Sanjay Raut also accused the speaker of match fixing.
On the allegations, Narwekar said that the claims of match-fixing is baseless. He added that he has to perform his duties being an MLA and member of a legislative board. He also noted that there is no provision under law that says that while the Speaker is adjudicating disqualification petitions, he should not perform his other duties.