Supreme Court issues notice on Uddhav Sena plea challenging Speaker’s refusal to disqualify Shinde MLAs
The Shiv Sena (UBT) plea said Speaker Rahul Narwekar’s order on January 10 is patently unlawful and perverse in nature, and sought a provisional stay on it.
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The Uddhav Thackeray-led Shiv Sena (UBT) sought interim relief to restrain Shinde faction MLAs from attending the Assembly. PTIThe Supreme Court on Monday issued notice on a plea by Shiv Sena (Uddhav Balasaheb Thackeray) challenging Maharashtra Assembly Speaker Rahul Narwekar’s decision recognising Chief Minister Eknath Shinde-led faction as the real Shiv Sena and rejecting petitions seeking disqualification of MLAs of the faction.
A three-judge bench presided over by Chief Justice of India D Y Chandrachud issued the notice that is returnable in two weeks. Initially, the bench, also comprising Justices J B Pardiwala and Manoj Misra, wondered if the petitioners should first approach the high court.
Senior advocate Kapil Sibal, appearing for the Thackeray faction, said that would mean that elections would be over by the time the plea was finally decided. He also pointed out that the matter involves the interpretation of the Supreme Court order and, therefore, the apex court would be appropriate to take it up.
The Shiv Sena (UBT) plea said the Speaker’s order is patently unlawful and perverse in nature, and sought a provisional stay on it. The plea sought interim relief to restrain the Shinde faction whip or any other leader from issuing any directions to the group of Shiv Sena (UBT) MLAs to avoid being forced to follow Bharat Gogawale, whom the Speaker recognised as the chief whip, or any other leader from the ruling Sena faction.
“Grant interim relief restraining the respondents, either through Sh. Bharat Gogawale or any other person, from issuing directions to the group of Shiv Sena MLAs led by Sh. Uddhav Thackeray; and Pass such other/further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice,” the petition stated.
Moreover, the Sena (UBT) sought interim relief to restrain Shinde faction MLAs from attending the Assembly and to suspend their Assembly membership pending disposal of the present petitions.
“Grant interim relief restraining the Respondents from attending the Maharashtra Legislative Assembly and suspend their membership of the Maharashtra Legislative Assembly during pendency of the present petitions,” said the plea.
Narwekar, in his January 10 verdict, had said that as the Shinde faction was held to be the “real Shiv Sena” when the rival factions emerged, Sunil Prabhu (representing the Uddhav faction) “ceased to be the duly authorised whip from June 21, 2022” and Gogawale was validly appointed chief whip.
The Shinde faction had filed counter petitions seeking to disqualify the Uddhav Sena MLAs. Dismissing the plea, the Speaker had held that the grounds taken by them that the MLAs had “voluntarily given up” the party’s membership was “allegation” and no material was provided to substantiate it.
He had also held that the whip was not duly served to the Sena (UBT) faction. Narwekar held the whip issued by Gogawale on July 3 “didn’t contain words indicating that the said Whip, if not followed, would result in disqualification, so Gogawale’s plea must be rejected”.
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