The Shiv Sena (UBT) has decided to challenge the Maharashtra Assembly Speaker's verdict in the Supreme Court. Speaker Rahul Narwekar's order held Chief Minister Eknath Shinde-led party as the real Shiv Sena.
Following the Supreme Court's order, the Speaker was given the deadline of January 10 to deliver the verdict in the disqualification plea filed by both factions of Sena against each other.
If the Sena (UBT) faction challenges the order in the apex court, the maintainability of the plea will be the major issue. The court may or may not admit the plea and refuse to interfere in the matter.
"The decision passed by the Speaker is being challenged but it may face an initial impediment as to its maintainability. Since the other side would argue that the Speaker's decision which is in fact part of the proceedings of the legislature cannot be challenged in any court by virtue of constitutional restriction under Article 212," Supreme Court lawyer Nipun Saxena said.
He added that it can also be argued that the losing faction ought to have approached the High Court instead of going directly to the top court. "However, as per another Supreme Court decision in the Raja Rampal case, the power of judicial review shall extend to the decision of the Speaker as well. Which means the Supreme Court can hear the matter," he said.
The Speaker had on January 10 held that the Eknath Shinde-led faction was the "real Shiv Sena political party" when rival groups emerged in June 2022. Narwekar also rejected the Uddhav Thackeray faction's petition to disqualify 16 MLAs of the ruling group, including Shinde.
