SC seeks response of Maharashtra speaker in Uddhav Sena's plea seeking quick decision on disqualification

Uddhav Vs Shinde

The Supreme Court on July 14 issued notice to and sought the response of Maharashtra legislative assembly speaker in a plea by Uddhav Sena seeking expedited disposal of their disqualification petitions against Shiv Sena MLAs.

The case is likely to come up for hearing again after two weeks.

The case was filed pursuant to the direction of the Supreme Court asking the speaker to decide the disqualification petitions against Maharashtra MLAs within a reasonable time.

On May 11, a constitution bench of the apex court  held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove majority in the Assembly on June 30 last year but refused to order status quo ante, saying he did not face the floor test and resigned.

In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi (MVA) government led by Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud held that House speaker's decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was "illegal".

It, however, said since Thackeray had resigned without facing the floor test, the governor was justified in inviting Shinde to form government at the behest of the BJP which was the largest political party in the house.

On August 23, 2022, a three-judge bench of the top court, headed by then Chief Justice NV Ramana, since retired, had formulated several questions of law and referred to the five-judge bench the petitions filed by the two Sena factions, raising several constitutional questions related to defections, merger and disqualification.

It said the batch of petitions raised important issues related to the tenth schedule of the Constitution pertaining to disqualification, powers of the speaker and governor and judicial review.