Supreme Court Agrees to List Shiv Sena Faction’s Petition on Disqualification

Supreme Court Agrees to List Shiv Sena Faction's Petition on Disqualification

VoM News Desk | February 5, 2024 | 12:45 PM IST | Breaking News, Courts & Law | Follow on Google News

Supreme Court Agrees to List Shiv Sena Faction’s Petition on Disqualification

Supreme Court Agrees to List Shiv Sena Faction’s Petition on Disqualification

The Supreme Court has agreed to list a petition by Uddhav Thackeray’s faction of Shiv Sena, challenging the order of Maharashtra Speaker Rahul Narwekar on the dismissal of disqualification pleas against Chief Minister Eknath Shinde faction MLAs. Senior advocate Kapil Sibal, representing the Thackeray group, sought early listing, emphasizing the urgency due to upcoming elections.

Legal Challenge to Speaker’s Decision

The Thackeray faction challenged the Speaker’s decision not to disqualify Shinde and his group, highlighting issues of recognition and split within the Shiv Sena. The Supreme Court had earlier issued notice to Shinde and 38 MLAs on the plea challenging the Speaker’s order. The case involves the application of the Tenth Schedule (anti-defection law) of the Constitution.

Key Controversies and Timeline

The Maharashtra Speaker’s decision, recognizing Shinde’s faction as the ‘real Shiv Sena’ and dismissing disqualification petitions, has led to legal disputes. The Thackeray faction accuses the Speaker of a “colourable” exercise of power based on “extraneous and irrelevant” considerations. The case traces back to June 2022, when disqualification petitions were filed after a revolt against Uddhav Thackeray.

Supreme Court’s Role and Previous Developments

The Supreme Court had earlier asked the Speaker to decide expeditiously on the disqualification petitions. In May 2023, a five-judge Constitution bench ruled against disqualifying the Shinde-led Maharashtra government and reinstating Uddhav Thackeray as Chief Minister, citing his resignation instead of facing a test of strength. The legal battle now continues as the Thackeray faction seeks judicial intervention in the disqualification matter.

VoM News Desk

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