The verdict was announced more than 18 months after the Shiv Sena suffered a vertical split, a political development that resulted in a change of guard in the state.
In June 2022, Shinde and several MLAs rebelled against the then-chief minister Thackeray, leading to a split in the Shiv Sena and fall of the Maha Vikas Aghadi (MVA), which also comprised the NCP and the Congress.
Cross-petitions were filed by the Shinde and Thackeray factions, against each other’s legislators, before the speaker seeking action against each other under anti-defection laws. Of 56 MLAs of the undivided Shiv Sena, 40 are with Shinde.
The Supreme Court, in May last year, directed Maharashtra Speaker Narwekar to adjudicate on the pleas expeditiously. On 15 December, 2023, the Supreme Court had extended the deadline for Maharashtra speaker Narwekar to decide the disqualification petitions from 31 December to 10 January.
While extending the deadline, the Court had said the sanctity of the 10th Schedule of the Constitution should be maintained.
The 10th Schedule of the Constitution is designed to prevent defection of elected and nominated members of Parliament and state legislatures from political parties on whose ticket they win, and contains stringent provisions against it under which they can be disqualified.
The apex court had also asked the Maharashtra speaker to decide the NCP’s petition seeking disqualification of nine MLAs of the Ajit Pawar group by 31 January, 2024. In July last year, the Ajit Pawar faction of the NCP also joined the Shinde-led government.
The Election Commission had given the ‘Shiv Sena’ name and ‘bow and arrow’ symbol to the Shinde-led faction, while the one headed by Thackeray was called the Shiv Sena (UBT) with a flaming torch as its symbol.
Maharashtra Assembly polls are due in the second half of 2024.
January 10, 2024 at 06:41PM
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