In a recent development, the Supreme Court expressed concerns about Maharashtra Speaker Rahul Narwekar’s decision on January 10, where he recognized the Eknath Shinde faction as the legitimate Shiv Sena based on their legislative majority.
The court noted that this might go against its May 2023 judgment, which prohibited the speaker from deciding disputes solely based on the strength of group MLAs in the assembly.
Senior advocates, including Devadatt Kamat, Kapil Sibal, and A M Singhvi, argued that Narwekar’s decision completely violated the 2023 order. They highlighted the court’s previous ruling that speakers should not determine the political party based solely on the majority in the assembly, emphasizing that it’s more than just a numbers game.
Kapil Sibal pointed out that Maharashtra assembly elections are scheduled for October, and the Shinde faction aims to delay the hearing on a petition filed by Sena (UBT) leader Sunil Prabhu. CJI Chandrachud questioned whether the speaker’s decision aligns with the court’s earlier judgment in the Subhash Desai case.
The speaker, according to Devadatt Kamat, overlooked crucial facts while deciding on disqualification petitions against Shinde and his faction. These facts included Shinde forming a government with BJP’s support and Sena MLAs supporting him, violating the anti-defection Act. The court set the final hearing for April 11, asking the Shinde faction to respond by April 1.