Uddhav Faction Moves Supreme Court Against Lok Sabha Speaker's Decision Approving Rahul Shewale As Shiv Sena's Floor Leader

The Uddhav Thackeray group of the Shiv Sena has approached the Supreme Court challenging the decision of the Lok Sabha Speaker, Om Birla in approving MP Rahul Shewale of the Eknath Shinde group as the party's floor leader.

The petitioners are aggrieved with the Speakers' decision to illegally, arbitrarily and unilaterally remove them as the Shiv Sena's Leader as well as the Chief Whip (respectively) in the Lok Sabha.

The plea states that the action of the Speaker is completely arbitrary and contrary to the decisions taken by the Shiv Sena Political Party as well as its authorized representatives in the Parliament. Despite the fact that such decisions were duly communicated to the Speaker reiterating and reaffirming the names of Vinayak Raut, as the Leader and Rajan Vichare as the Chief Whip of the Shiv Sena in the Lok Sabha, the Speaker has approved the candidate belonging to Shinde group.

Stating that the Speaker of the Lok Sabha (Respondent No.1) did not call for any explanation from the ShivSena Political Party or the Petitioners, despite the fact that categorical requests in this regard were communicated to him, the plea adds thus:

"As such, the actions of the Respondent No.1 being palpably and manifestly arbitrary and in outright violation of the scheme envisaged under the Tenth Schedule of the Constitution, is in the teeth of Article 14 thereof...It is astonishing to note that despite numerous communications to the Respondent No.1 reiterating and reaffirming the Petitioners as the Leader and the Chief Whip respectively of the ShivSena in the Lok Sabha as well as requesting the Respondent No.1 to notify the Petitioner No.1 in case any contra representation is made to him in respect of any purported change in the leadership positions of the ShivSena in the Lok Sabha, the Respondent No.1 has completely ignored to do so."

Further, referring to the Tenth Schedule of the Constitution, particularly Para 2(1) thereof, the plea avers that primacy is given to the political party to authorize any person or authority in the House.

However, the plea contends that it was unfortunate on the part of the Speaker of the Lok Sabha to perpetuate and precipitate anti-party activities engaged in by certain delinquent MPs of ShivSena.

The petition also alleges that the Speaker had acted completely contrary to the scheme envisaged under the Tenth Schedule.

The Uddhav group has filed a slew of petitions in the Supreme Court questioning the election of Speaker in Maharashtra assembly, recognition given to Shinde group member as the Chief Whip of Shiv Sena, Governor's action to swear-in Shinde as Chief Minister and the disqualification proceedings initiated by the newly elected Speaker at the instance of Shinde group. Eknath Shinde and 15 other MLAs have also filed petitions challenging the disqualification proceedings initiated against them by the Deputy Speaker at the instance of Uddhav group. Uddhav group has also filed a plea to stall the Election Commission from deciding Shinde's claim as "real Shiv Sena" till the disqualification proceedings are over. The Supreme Court has posted all these matters on August 1.