The Supreme Court of India on Monday, January 22, issued notice to Maharashtra Chief Minister Eknath Shinde and other MLAs of his group on a petition of Uddhav Thackeray faction of Shiv Sena challenging the order of Maharashtra Speaker on the dismissal of disqualification pleas against Chief Minister Eknath Shinde faction MLAs.
A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra issued notice returnable within two weeks. CJI asked the petitioner's lawyer Senior Advocated Kapil Sibal about approaching the High Court, reported by Live Law.
"Should this Court hear or the High Court under Article 226?," CJI asked. Sibal expressed concern about the adjudication getting delayed if the matter is sent to the High Court. He submitted that the Speaker's order violates the Supreme Court's judgment and hence, the Top Court ought to hear the matter.
The plea filed by Shiv Sena (UBT) leader Sunil Prabhu against the ruling of Maharashtra Assembly Speaker Rahul Narwekar, which held that Chief Minister Eknath Shinde-led faction is the "real" Shiv Sena. As per the cause list published on the website of the apex court, a bench presided by CJI D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra will hear the matter on January 22.
On January 15, former CM Uddhav Thackeray-led Shiv Sena faction petitioned the apex court questioning the January 10 decision passed by Narwekar holding that the group led by CM Shinde was the real "Shiv Sena" as it commanded a majority in the legislature and also in the party’s National Executive.
The petition also challenges the dismissal of the disqualification petitions filed against CM Shinde and other MLAs of his camp. Meanwhile, the Bombay High Court on Wednesday issued the notice to the 14 Shiv Sena-UBT MLAs and others in a petition filed by ruling Shiv Sena's Chief Whip Bharat Gogavale seeking disqualification of Thackeray’s faction legislators.
A division bench of Justices G.S. Kulkarni and F.P. Pooniwalla of the HC posted the matter for further hearing on February 8. Thackeray’s legislative flock was saved from disqualification with the cross-petitions of both sides getting dismissed by Speaker Narwekar in the January 10 verdict.