Uddhav Thackeray v. Eknath Shinde: Uddhav Faction Moves Supreme Court Against Maharashtra Speaker To Quicken Disqualification Proceedings

In another development in the Shiv Sena crisis, the Uddhav Thackeray faction has approached the Supreme Court challenging the Maharashtra Legislative Assembly Speaker's decision to issue a schedule for hearing of the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde. As per the Uddhav Thackeray faction, the schedule, as per which the process of hearing would begin on October 6 and go on till November 23, is just another attempt to waste time. If the schedule is followed, the speaker's ruling is likely to come out in December or even later than that. The Thackeray faction has asked for a faster hearing.The schedule was released after the Supreme Court on September 18 expressed its disapproval of the delay by the Speaker in deciding the disqualification petitions. The Court had said that the Speaker cannot delay the proceedings under the Tenth Schedule of the Constitution indefinitely and that there had to be a sense of respect to the directions passed by the Court."What did the speaker do after the May 11 judgement by the court?", CJI DY Chandrachud had asked, referring to the judgment delivered by the Constitution Bench this year in which the Speaker was directed to decide the disqualification petitions within a "reasonable period".The bench had noted that a total of thirty four petitions filed by both sides against each other seeking the disqualification of fifty six MLAs were pending. The bench then directed that the petitions be listed before the Speaker within a period of one week upon which the Speaker has to issue procedural directions for completing the record and setting out the time for hearings.The directions were passed in a petition filed by Shiv Sena (Uddhav Balasaheb Thackeray) leader Suni Prabhu seeking expeditious decision by the Maharashtra Assembly Speaker on the disqualification proceedings pending against Eknath Shinde. The petition concerns the directions of the Constitution Bench in its judgement. In the constitution bench judgement of May 11, 2023, the Supreme Court had held that it could not order the restoration of the Uddhav Thackeray government as Thackeray had resigned without facing floor test. Further, the Supreme Court had refused to use its powers under Article 226 and Article 32 in the matter to decide the disqualification issue. Accordingly, the court had handed over the decision of determining the disqualification petitions to the Speaker adding that the speaker “must decide the disqualification within reasonable period”.

Uddhav Thackeray v. Eknath Shinde: Uddhav Faction Moves Supreme Court Against Maharashtra Speaker To Quicken Disqualification Proceedings

Padmakshi Sharma

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