Maharashtra braces for another round of legal battle

For Eknath Shinde and his predecessor Uddhav Thackeray, the battle does not end here

Notwithstanding the Supreme Court judgement, Maharashtra is heading for the third round of battle involving the June-2022 split of the Balasaheb Thackeray-founded Shiv Sena.

For Maharashtra Chief Minister Eknath Shinde, who is now the chief leader of Shiv Sena, and his predecessor and Shiv Sena (UBT) head Uddhav Thackeray, it does not end here.

While the two rounds of legal battles have been witnessed before the Supreme Court and Election Commission in New Delhi, a fresh legal issue is cropping up before the Maharashtra Legislative Assembly in Mumbai.

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Speaker Rahul Narwekar, a lawyer by training with good knowledge of legislative proceedings and Constitutional law, would take a call on the fate of Shinde and 15 others against whom the Thackeray-group had launched disqualification proceedings.

The 15 others are: Sanjay Shirsat, Bharat Gogawale, Sandipan Bhumre, Tanaji Sawant, Abdul Sattar, Lata Sonawane, Yamini Jadhav, Prakash Surve, Anil Babar, Balaji Kinnikar, Mahesh Shinde, Chimanrao Patil, Ramesh Bornare, Sanjay Raimulkar and Balaji Kalyankar.

On his part, Narwekar, had said: “The issue of disqualification vests with the Speaker and the Supreme Court has rightly said so. I had said earlier as well…that it is the Speaker who would adjudicate on such issues (related to disqualification of MLAs)…I would follow the principles of natural justice… neither want to hurry nor delay.”

The Thackeray-group, armed with legal documentation, has started mounting pressure and even threatened to move the Supreme Court.

The Shinde-camp is preparing to counter those.

Thackeray, who was accompanied by MLC Anil Parab and Rajya Sabha MP Anil Desai, who had pursued the matter before EC and SC, urged Narwekar to take up the issue of disqualification as early as possible.

“There is a question over whether the election of the current Speaker is legal or not. The legality of the Speaker’s selection needs to be reviewed in the context of the apex court’s order,” Thackeray said, adding that the “gift of life” to the 16 MLAs is temporary in nature.

“The Supreme Court had said that the Speaker must decide on the disqualification petitions within a reasonable period,” Parab pointed out and added that in a fortnight’s time it needs to be addressed. “Else, the doors of the Supreme Court are open,” he added.

“We have been saying that this government is illegal. The important role is that of the whip. The Chief Whip of that time was Sunil Prabhu (of Thackeray-group) and it was violated which has been well established…and that Bharat Gogawale (of Shinde-camp) was appointed illegally has been established,” he said.

Deputy Chief Minister Devendra Fadnavis, however said: “It is not proper to put pressure on the Speaker…the Supreme Court has given all the rights to the Speaker and reasonable time has also been given and still, if somebody is trying to put pressure on the Speaker then that person is against free and fair process. The Speaker himself is a good lawyer and he will take a decision as per the law.”