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Supreme Court hears Shiv Sena disqualification battle
The Supreme Court on Wednesday heard key arguments in a plea by the Uddhav Thackeray-led Shiv Sena faction challenging Speaker Rahul Narwekar's decision not to disqualify 16 MLAs loyal to Chief Minister Eknath Shinde. The lead petitioner, Sunil Prabhu, argues the Speaker failed to apply the anti-defection law under the Tenth Schedule of the Constitution.
Senior advocate Kapil Sibal, representing the Thackeray faction, submitted that the Speaker's order was based on an erroneous reading of the party's internal structures and did not address the defection issue. The Shinde faction, represented by senior advocate Harish Salve, maintained that the Speaker's order was legally sound and that the MLAs had not voluntarily given up party membership.
The court has reserved its verdict on whether the Speaker's refusal to disqualify the MLAs warrants judicial intervention. A ruling is expected in the coming weeks, which could determine the political future of the Shinde government in Maharashtra.
Indian Opinion Analysis
The Supreme Court is hearing a dispute that traces back to the 2022 Maharashtra political crisis, when Eknath Shinde split from the Shiv Sena and became chief minister with BJP support. The Tenth Schedule, or anti-defection law, bars MLAs from voluntarily giving up party membership. The Speaker’s refusal to disqualify Shinde’s MLAs has been challenged as a failure to enforce this rule. The court’s ruling could set a precedent on how defection cases are handled when rival factions claim the original party. The next hearing date will determine the timeline for resolving whether 16 Shinde-aligned MLAs face disqualification, affecting the political balance in the state assembly.
Source: ndtvprofit.com
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