Supreme Court Issues Notice On Uddhav Sena Plea For Expeditious Decision By Speaker On Disqualification Pleas Against Shinde Sena

In its May 11, 2023 constitution bench judgement in the matter pertaining to the Shiv Sena rift, the Supreme Court had held that it could not order the restoration of the Uddhav Thackeray government as Thackeray had resigned without facing floor test. Further, the Supreme Court refused to use its powers under Article 226 and Article 32 in the matter to decide the disqualification issue. Accordingly, the court had handed over the decision of determining the disqualification petitions to the Speaker adding that the speaker “must decide the disqualification within reasonable period”.

The disqualification petitions against the rebel MLAs were filed by Sunil Prabhu, the Shiv Sena party whip appointed by Uddhav Thackeray, on 23 June 2022, after the MLAs revolted against Thackeray. The notices of disqualification were issued by Deputy Speaker Narhari Zirwal in the absence of the Speaker.

Through the petition, it has been submitted that other than the Supreme Court ordering the speaker to decide the disqualification pleas, the petitioner has also sent more than three subsequent representations to convene a hearing in the said disqualification matters. As per the petition the Speaker while performing its functions under Para 6 of the Tenth Schedule, acts as a judicial tribunal, and is required to act in a fair and unbiased manner.