On Thursday, May 11, the Supreme Court will deliver judgments in the case which is related to Uddhav Thackeray and Eknath Shinde factions following the rift in the Shiv Sena party.
On the Shiv Sena issue, the Constitution Bench had reserved the judgement on March 16. In June 2022, the first petition was filed by Eknath Shinde challenging the notices issued by the then Deputy Speaker against the rebels under the tenth schedule of the Constitution over alleged defection.
Following which, the Thackeray group filed petitions in the Supreme Court challenging the decision of the Maharashtra Governor to call for a trust vote, Eknath Shinde’s swearing-in as the Chief Minister of the Government with the backing of BJP, the election of new Speaker etc.
The Uddhav faction first raised a preliminary issue that the matter should be referred to a larger bench to reconsider the dictum that is laid down in the Nabam Rebia(2016) judgement that speakers cannot issue disqualification notices when a notice seeking their removal is pending.
For three days, the bench heard arguments on the preliminary issue and on February 17, the bench decided to take this preliminary issue into consideration along with the merits of the matter.
The same day, the Election Commission of India passed the order recognising Eknath Shinde as the official Shiv Sena. The bench started hearing the matter on merits from February 21 onwards.
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