VERDICT PRONOUNCED BY SPEAKER ON SHIV SENA’S PETITION

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Picture Courtesy: www.livelaw.in

Context: There is an internal dispute within the Shiv Sena party in Maharashtra involving two factions - one led by Uddhav Thackeray and another led by Eknath Shinde.

Details

• Both factions filed petitions seeking the disqualification of members from the opposing faction under the tenth schedule of the Constitution, which deals with disqualification on the grounds of defection.
• On January 10, the Speaker announced the decision, recognizing the Eknath Shinde group as the authentic Shiv Sena. The Speaker also rejected disqualification petitions filed by both factions against each other.

Legal Challenges

• The Uddhav Sena (Shiv Sena led by Uddhav Thackeray) has moved the Supreme Court to challenge the Speaker's decision. The challenge includes the refusal to disqualify members of the Eknath Shinde faction for defection.
• On the other hand, the Shinde Sena (led by Eknath Shinde) has approached the Bombay High Court to challenge the Speaker's decision to disqualify members of the Uddhav group.

Speaker's Justification

• The Speaker justified recognizing the Shinde faction as having an overwhelming majority of 37 out of 55 MLAs and Eknath Shinde as the validly appointed leader.
• The Speaker argued that Uddhav Thackeray's will cannot be considered the will of the political party, allowing for intra-party dissent.
• The Speaker refused to disqualify the Shinde faction, citing technical reasons such as the cessation of Sunil Prabhu as the authorized whip and the subsequent meeting being unauthorized.

Supreme Court's Involvement

• The Supreme Court had initially set a deadline of December 31, 2023, for the Speaker to decide on the disqualification petitions. The deadline was later extended to January 10, 2024.
• The Supreme Court expressed dissatisfaction with the Speaker's delay in the adjudication, emphasizing the importance of maintaining the dignity of the court's judgment.

Conclusion

• The legal proceedings indicate a complex political and legal battle within the Shiv Sena party, involving challenges to the Speaker's decisions and the interpretation of constitutional provisions related to defection. The outcomes of the Supreme Court and Bombay High Court appeals will play a crucial role in resolving this internal dispute.

Must Read Articles:

Disqualification of MP: https://www.iasgyan.in/daily-current-affairs/disqualification-of-mp

Disqualification of Legislators: https://www.iasgyan.in/daily-current-affairs/disqualification-of-legislators 

PRACTICE QUESTION Q. How does the concept of inner party democracy function within the political landscape of India, and what are the key challenges and prospects associated with ensuring robust internal democratic processes within political parties in the country?