On Tuesday, the Supreme Court announced that it will hear a plea from the Uddhav Thackeray faction of the Shiv Sena on August 7, challenging an order issued by Maharashtra Assembly Speaker Rahul Narwekar. This order, issued after a significant split in the Shiv Sena in June 2022, declared the faction led by Chief Minister Eknath Shinde as the "real political party" and dismissed the disqualification petitions filed by the Thackeray faction against Shinde and his supporting MLAs. This political upheaval resulted in Shinde becoming Chief Minister, a move that the Thackeray faction contests as illegitimate and unconstitutional.

Supreme Court Hearing Details

The plea filed by the Thackeray faction was flagged for hearing by a bench led by Chief Justice DY Chandrachud. Senior advocate Kapil Sibal, representing the Thackeray faction, expressed concerns over the tagging of their plea with a separate case related to the Nationalist Congress Party (NCP) row. Sibal contended that the Shiv Sena case should not be linked with the NCP case. The bench, which also includes Justices JB Pardiwala and Manoj Misra, clarified that the cases were scheduled to be heard consecutively, not jointly, and confirmed the hearing date of August 7.

NCP Case Developments

On the same day, the Supreme Court bench also sought responses from Ajit Pawar and his 40 MLAs regarding a separate plea from the Sharad Pawar faction of the NCP. This plea challenges Narwekar's decision declaring Ajit Pawar's group as the legitimate NCP. Senior advocate Abhishek Singhvi, representing the Sharad Pawar faction, emphasized the urgency of the case due to the impending expiration of the Maharashtra Assembly term in November. The bench indicated that it would address the NCP plea immediately following the Shiv Sena case.

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Allegations Against Eknath Shinde's Government

The Thackeray faction has accused Shinde of "unconstitutionally usurping power" and heading an "unconstitutional government". The dispute centers around Speaker Narwekar's January 10 order, which rejected the Thackeray faction's disqualification petitions against 16 MLAs from Shinde's camp. The Thackeray faction argues that these orders are "patently unlawful and perverse", claiming that instead of penalizing defection, the decisions reward those who defected from the party.

The speaker's ruling has further solidified Shinde's position as Chief Minister, following his rebellion against Thackeray. Narwekar's decision has been seen as enhancing Shinde's political standing within the coalition government, which includes the BJP and the NCP (Ajit Pawar group). Narwekar asserted that the provisions of the 10th Schedule of the Constitution (anti-defection law) should not be used to suppress dissent or indiscipline within a party.

Political Impact

The Supreme Court's upcoming decision will be crucial in determining the legitimacy of the Shinde faction's control over the Shiv Sena and the overall political stability in Maharashtra. The ruling will also influence the ongoing legal and political battle between the Shiv Sena factions and the broader implications for the Maharashtra government.

The Election Commission had earlier granted the name 'Shiv Sena' and the 'bow and arrow' symbol to the Shinde-led faction in early 2023, further complicating the legal landscape. As the Supreme Court prepares to hear the plea, all eyes will be on the court's decision and its impact on Maharashtra's political dynamics.

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