Barely a time aft the incumbent Mahayuti conjugation returned to powerfulness successful Maharashtra by sweeping the Assembly elections, Shiv Sena (UBT) person Sanjay Raut alleged Sunday that erstwhile Chief Justice of India D Y Chandrachud had removed the fearfulness of instrumentality from the state’s governmental defectors by not deciding connected the petitions implicit MLAs’ disqualification. This led to the decision of the Opposition Maha Vikas Aghadi (MVA) successful the polls, Raut claimed.
A cardinal constituent of the MVA, the Sena (UBT) besides faced a rout similar its different allies arsenic it managed to triumph lone 20 retired of 94 seats it contested.
In the aftermath of the Eknath Shinde faction’s rebellion against Uddhav Thackeray’s enactment successful June 2022 that divided the Sena and toppled the past Uddhav-led MVA government, starring to the enactment of the Shinde-led Mahayuti government. The Uddhav radical past moved the Supreme Court seeking disqualification of the enactment MLAs affiliated to the Shinde faction, which besides filed a counter-petition successful the court.
In its verdict, the apex tribunal directed the Speaker to determine connected the rival Sena factions’ disqualification petitions. In January 2024, Speaker Rahul Narwekar gave his ruling, holding the faction led by Chief Minister Shinde arsenic the “real Shiv Sena” and giving legitimacy to his assertion connected the party.
Why did SC inquire Speaker to determine the disqualification case?
The five-judge Constitution Bench led by past CJI D Y Chandrachud connected May 11, 2023 passed a unanimous judgement implicit assorted issues related to the Sena divided case. Despite holding that the past Governor Bhagat Singh Koshyari had nary reasons to reason that CM Uddhav Thackeray had mislaid the assurance of the House, the Bench refused to reinstate the Uddhav government. It reasoned that Uddhav did not look the level trial and that it could not quash his resignation arsenic the CM submitted to the Governor voluntarily.
Stating that determination were “no bonzer circumstances” for it to adjudicate connected the disqualification matter, the apical tribunal declined to intervene, ruling that the Speaker was the due authorization to determine it.
In October 2023, rapping Narwekar for delaying successful taking determination connected the disqualification petitions, different SC Bench led by past CJI Chandrachud asked him to determine the aforesaid by December 31, which it extended till January 10, 2024. It besides asked Narwekar to determine without being influenced by the Election Commission (EC)’s bid recognising the Shinde faction arsenic the “real Sena”.
What were the EC’s orders?
In its ruling connected February 17, 2023, the EC declared the Shinde faction arsenic the “real Sena” and allotted it the undivided party’s sanction and awesome “bow and arrow”. It held that the Uddhav faction volition clasp the interim enactment name, Shiv Sena-UBT, and a “flaming torch” arsenic its canvass symbol.
The Uddhav radical approached the SC to situation the EC’s order. A three-judge seat led by past CJI Chandrachud refused to enactment the EC’s bid without proceeding the different side.
On February 6, 2024, successful a setback for NCP laminitis Sharad Pawar, the EC recognised the Ajit Pawar faction arsenic the “real NCP” and allotted it the undivided party’s sanction and its “clock” symbol.
The Sharad Pawar radical was allotted the name, NCP(SP), and “a antheral blowing a turha (a accepted trumpet)” arsenic its symbol.
Raising a banner of revolt, the Ajit radical had crossed implicit to the Mahayuti campy successful aboriginal July 2023, pursuing which Ajit was inducted arsenic the Deputy CM successful the Shinde government.
What did Speaker regularisation successful disqualification cases?
On January 10, 2024, Speaker Narwekar ruled that the Shinde faction was “the existent Sena”. He held that it was “discernible” based connected the legislative bulk that existed erstwhile rival Sena factions emerged connected June 21, 2022. The Shinde radical had past consisted of 37 MLAs retired of the undivided Sena’s 55 MLAs.
The Speaker dismissed each 34 petitions filed by the rival Sena factions that sought disqualification of altogether 54 MLAs belonging to some sides.
On February 15, 2024, deciding connected the NCP groups’ disqualification petitions against each other, Narwekar ruled that the Ajit faction was the “real NCP”.
The Speaker besides dismissed pleas filed by rival NCP factions seeking disqualification of 41 MLAs from the Ajit radical and 10 MLAs from the Pawar group.
What was the effect from Uddhav Sena and Pawar NCP?
Aggrieved by the moves of the Speaker and the EC, the Sena (UBT) and the NCP(SP) moved the apex tribunal to situation their decisions.
The Sena (UBT) sought a enactment connected the Speaker’s bid to restrain the Shinde faction MLAs from attending the Assembly and to suspend their rank pending situation earlier the apex court. Its plea besides sought restraining bid against the Shinde faction’s whip from issuing directions to the Sena (UBT) MLAs.
The pleas against the Speaker’s determination connected the Sena MLAs’ disqualification person been pending earlier the apex tribunal and were past heard connected August 6 this year. The Chandrachud-led Bench had past asked the parties to taxable a communal compilation of their submissions by August 14. However, these pleas person not been heard truthful acold adjacent arsenic a caller Assembly predetermination has concluded now.
Justice Chandrachud retired connected November 10 aft his two-year stint arsenic the CJI.
Uddhav’s plea challenging the EC’s bid implicit the party’s sanction and its awesome was heard past connected September 18, 2023 by the Chandrachud-led Bench.
The NCP (SP)’s petitions challenging the orders of the EC and the Speaker person besides been pending earlier the apical court.