SC Questions Maharashtra Speaker’s Decision in Shiv Sena Dispute, Citing Potential Contradiction with Prior Ruling

The Supreme Court, on Thursday, raised concerns about the Maharashtra Legislative Assembly Speaker’s reliance on the test of the legislative majority to determine the authentic Shiv Sena, questioning whether this contradicted the apex court’s May 2023 judgment. The court also summoned all original documents related to the disqualification case hearing from the Speaker’s office.

In the May 2023 Subhash Desai judgment, the apex court emphasized the importance of evaluating the majority in the organizational wings of a political party, rather than relying solely on the legislative majority. Today, a three-judge bench led by Chief Justice of India DY Chandrachud, alongside justices JB Pardiwala and Manoj Misra, heard a petition filed by Shiv Sena UBT (Uddhav Balasaheb Thackeray) challenging the Maharashtra Assembly Speaker’s refusal to disqualify MLAs of Eknath Shinde’s group.

Senior advocates AM Singhvi, Kapil Sibal, and Devdutt Kamat appeared for Shiv Sena UBT, while senior advocates Harish Salve, Mukul Rohatgi, and Mahesh Jethmalani represented the Shinde group. Sibal urged the court for an early hearing, emphasizing the imminent Assembly elections in October or November, the issuance of a judgment, and the lack of response from the other side.

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Sibal argued that the Speaker’s reliance on a legislative majority, specifically referring to events of June 21, 2022, contradicted the principles outlined in the Subhash Desai judgment. Singhvi highlighted that the judgment clarified the inapplicability of the legislative majority in cases of post-defection organizational evaluation, contrary to the Speaker’s decision.

Salve contested the authenticity of the documents produced, advocating for a thorough examination by the High Court. The Chief Justice questioned the Speaker’s reliance on the legislative majority, considering it contrary to the apex court’s 2023 judgment.

Jethmalani accused the Uddhav Thackeray faction of forging documents, while the Shiv Sena UBT counsel pressed for an expedited hearing. The apex court scheduled further hearings for the week commencing April 8, with the Shinde faction’s response due by April 1.

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Previously, on January 22, the Supreme Court had issued notice on a plea by Uddhav Thackeray-led Shiv Sena challenging the Maharashtra Assembly Speaker’s ruling in favor of Eknath Shinde’s faction. Thackeray’s faction sought an interim stay on the Speaker’s decision made on January 10.

The plea argued that the Speaker’s ruling contradicted the Subhash Desai judgment and erred in determining the party’s leadership structure. Thackeray contested the Speaker’s decision to reject petitions for disqualification, asserting his authority as the Shiv Sena president.