Bombay High Court Issues Notice on Shiv Sena Disqualification Dispute

In a significant development, the Bombay High Court has taken a crucial step in the ongoing political tussle within the Maharashtra government. The court issued a notice to Maharashtra Speaker Rahul Narwekar and the 14 MLAs of the Uddhav Thackeray-led group in response to petitions filed by Chief Minister Eknath Shinde-led Shiv Sena. These petitions challenge Speaker Narwekar’s order, dated January 10, refusing to disqualify the lawmakers in question.

The petitions, filed by Bharat Gogavale, the chief whip of Shinde-led Shiv Sena, contend that the Speaker’s order was legally flawed. Gogavale argues that the 14 MLAs from the Thackeray group not only violated a party whip but also voluntarily renounced their membership of the Shiv Sena Political Party. The High Court bench, comprising Justices Girish Kulkarni and Firdosh Pooniwalla, has directed all respondents, including the Maharashtra Legislature Secretariat, to file their affidavits by the hearing scheduled for February 8.

Gogavale’s petitions seek the High Court to declare the Speaker’s order as legally unsound, quash it, and disqualify all 14 MLAs from the Thackeray-led group. This legal battle adds another layer to the political turbulence that began in June 2022 when rival factions emerged within the Shiv Sena. The court’s decision to expedite the proceedings reflects a new practice, ensuring swift resolution of such matters and reducing the burden of procedural delays.

This courtroom drama unfolds amidst a broader political struggle, with both factions vying for legitimacy. While Shinde’s faction scored a significant victory when Speaker Narwekar declared it the “real political party,” the Thackeray group has filed a petition in the Supreme Court challenging this ruling, further intensifying the political standoff.

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