17 January,2024 01:59 PM IST | Mumbai | mid-day online correspondent
Bombay High Court/ File Photo
The Bombay High Court has served notice to Maharashtra Speaker Rahul Narwekar and the 14 MLAs from the Uddhav Thackeray group following petitions by Chief Minister Eknath Shinde-led Shiv Sena over the Sena disqualification case verdict.
The petitions dispute Narwekar's judgement not to disqualify the lawmakers and question its legality, propriety, and correctness. A division bench ordered all respondents, including the Maharashtra Legislature Secretariat, to file their affidavits before the scheduled hearing on February 8, stated a report in PTI.
"Issue notice to all respondents. Reply affidavits if any to be filed in advance and copies to be served on the petitioner. Matter to be listed on February 8," the court said.
"Because of auto-listing the petitions have been listed today. There is a standing notice that all matters once it is filed will be listed. This reduces the burden of mentioning and all. At least this way, the matter will move forward," Justice Kulkarni said, per PTI report.
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The applications, submitted by Bharat Gogavale, Chief Whip of the Shinde-led Shiv Sena, claim that the January 10 ruling, in the Sena disqualification case, dismissing the petitions against MLAs from the rival party was erroneous. Gogavale wants the court to find the Speaker's ruling legally unsound, nullify it, and disqualify the 14 Thackeray MLAs. These petitions were filed on January 12.
According to the report, Gogavale alleged that the Thackeray MLAs violated a whip issued during a confidence motion in July 2022 and, by their actions, voluntarily gave up Shiv Sena membership. The petitions argue that the Speaker failed to consider the MLAs' acts against the party and the government in Maharashtra.
"The final order passed by Speaker erroneously concludes that the grounds as raised by Petitioner (Gogavale) are mere allegations and assertions on the part of the Petitioner," the petitions said, the PTI report stated.
Big win for Shinde Sena
In a major setback to Uddhav Thackeray, Maharashtra Speaker Rahul Narwekar, on January 10, held that the Shiv Sena faction led by CM Shinde was the "real political party". The contention arose from the vertical split of the party in 2022 after Shinde's rebellion. However, he did not disqualify any MLA from either camp.
Meanwhile, the Thackeray group has moved Supreme Court challenging Narwekar's order declaring Shinde's Sena as 'real political party' and as per the latest update the hearing will happen in the apex court on January 22. A PTI alert stated that the hearing has been deferred to January 22 which coincides with Ayodhya Ram Mandir consecration.
