The Supreme Court had ordered the Speaker to announce his decision by January 10 on disqualification petitions filed by the two rival factions of the Shiv Sena led by Uddhav Thackeray and Shinde against each other.
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The Shiv Sena-UBT has filed an affidavit before the Supreme Court objecting to the meeting between Maharashtra Chief Minister Eknath Shinde and Assembly Speaker Rahul Narwekar over lunch on January 7, ahead of the verdict on the sensitive case of disqualification of 16 Shiv Sena MLAs, including Shinde.
The Supreme Court had ordered the Speaker to announce his decision by January 10 on disqualification petitions filed by the two rival factions of the Shiv Sena led by Uddhav Thackeray and Shinde against each other.
The application filed by Shiv Sena-UBT leader Sunil Prabhu stated that “it is highly improper for the Speaker to meet Eknath Shinde just three days prior to deciding the disqualification petitions”.
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“The Speaker, as the adjudicating authority under the Tenth Schedule, is required to act in a fair and impartial manner. The conduct of the Speaker must inspire confidence and justify the constitutional trust reposed in its high office. However, the present act of the Hon’ble Speaker raises questions about the fairness and impartiality of the decision-making process,” said the application filed before the apex court.
It said that the act of the Speaker in meeting CM Shinde just prior to the deadline for the decision at his residence is in violation of the legal maxim that justice should not only be done but should also be seen to be done.
Following the split in the party in June 2022, both the factions of Shiv Sena filed petitions against each other under the anti-defection law.
Later, the Uddhav Thackeray faction of the Shiv Sena moved the apex court against delay by the Speaker in deciding the disqualification proceedings filed against Chief Minister Shinde and his camp.
In May 2023, a Constitution Bench of the Supreme Court had directed that the Maharashtra Speaker “must decide disqualification petitions in a reasonable time” against 16 Shiv Sena MLAs, including Shinde, who were accused of anti-party activities.
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