MLA’s Disqualification Dispute| Supreme Court Issues Notice To Chief Minister On SLP Filed By Thackeray Faction Challenging Speaker's Order

The Supreme Court today issued notice to Chief Minister Eknath Shinde and some other MLAs on a Special Leave Petition (SLP) filed by Sunil Prabhu, member of the Shiv Sena Uddhav Thackery faction challenging Maharashtra Legislative Assembly Speaker Rahul Narwekar's order refusing to not disqualify the lawmakers of the Shinde faction.

A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra issued notice in the matter and has listed it after 2 weeks.

The bench, however, at the outset asked whether the Court or the High Court under Article 226 of the Constitution of India should hear the matter.

To which Senior Advocate Kapil Sibal appearing for Prabhu responded that the Speaker's order was in direct contravention to the Apex Court's judgment, therefore, the Court should hear the matter. Additionally, he contended that the matter would be delayed if the High Court is now approached.

Pertinently, the Bombay High Court earlier issued notice to Maharashtra Speaker Rahul Narwekar and the 14 MLAs of the Uddhav Thackeray group on petitions filed by Chief Minister Eknath Shinde-led Shiv Sena challenging Narwekar's order to not disqualify the lawmakers of the Thackeray faction.

A Division Bench of Justice Girish Kulkarni and Justice Firdosh Pooniwalla had also issued notice to the Maharashtra Legislature Secretariat and directed all the respondents to file their affidavits to the petition. The bench posted the matter for hearing on February 8.

The petitions filed by Bharat Gogavale, the chief whip of Shinde-led Shiv Sena, against the 14 MLAs said it was challenging the "legality, propriety and correctness" of the January 10 order passed by Speaker Narwekar dismissing the disqualification petitions filed by him against the lawmakers from the rival camp.

In the petitions, Gogavale said that on July 3, 2022, he had issued a whip to all Shiv Sena members to vote in favour of the Shinde government during the confidence motion to be held in the assembly on July 4, 2022.

However, the 14 Uddhav Thackeray MLAs not only violated the whip but also voluntarily gave up the membership of the "Shiv Sena Political Party by their acts and omissions", he said.

In his petitions, Gogavale said the Speaker had failed to consider that apart from giving up the membership, the Thackeray group MLAs also voted against the Shiv Sena government in Maharashtra in cahoots with Congress and Nationalist Congress Party (NCP) to destabilise the ruling dispensation.

While Gogavale moved HC on January 12, the Uddhav Thackeray faction filed a petition in the Supreme Court challenging the Speaker's order declaring the Sena bloc led by CM Shinde as the "real political party" after its split in June 2022.

The Speaker had also rejected the Thackeray faction's plea to disqualify 16 MLAs of the ruling camp, including Shinde.

In the petitions, Gogavale said since the Speaker in his order has held that Eknath Shinde represents the real Shiv Sena and that Gogavale was the legally appointed chief whip of the Shiv Sena party, he (Speaker) ought to have disqualified the 14 Sena (UBT) MLAs for their actions against the party.

Cause Title: Sunil Prabhu v. Eknath Shinde