The Supreme Court has issued notice in the plea filed by Sunil Prabhu, a key member of the Uddhav Thackeray-led Shiv Sena faction, challenging the dismissal of disqualification petitions against Chief Minister Eknath Shinde and other MLAs by the Maharashtra Assembly Speaker.

The bench, comprising Chief Justice of India DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, issued the notice returnable in two weeks. The decision comes after CJI DY Chandrachud agreed last week to hear the plea challenging the Speaker's decision made on January 10, 2024.

Senior Advocate Kapil Sibal presented the plea before the bench. The Shiv Sena questions the Speaker's decision, asserting that it "erroneously" disregards the 2018 leadership structure, claiming it does not conform to the provisions of the Shiv Sena's Constitution.

Terming the Speaker's decisions as "unlawful and perverse," the party argues that the rulings are based on the flawed finding that the majority of legislators represent the political party's will, thus making them exempt from disqualification. This, according to Shiv Sena, is a misinterpretation of the Tenth Schedule.

The party contends that the Speaker's decision contradicts the Supreme Court's judgment in 'Subhash Desai Vs Governor of Maharashtra' (2022), as it conflates the concepts of ‘legislature party’ and the ‘political party,’ suggesting that the faction led by Eknath Shinde, possessing a ‘legislative majority,’ should be considered the ‘real political party.’

In an additional move earlier this month, the Shiv Sena faction led by Uddhav Thackeray highlighted the Assembly Speaker's meeting with Maharashtra Chief Minister Eknath Shinde on January 7, just before pronouncing the verdict on disqualification petitions. The party deems this meeting as "highly improper," raising concerns about the fairness and impartiality of the decision-making process.

The legal battle dates back to December 15, 2023, when the Supreme Court granted a 10-day extension to the Maharashtra Assembly Speaker to decide the disqualification petitions. Initially, the court had directed the Speaker to decide on the petitions by December 31, 2023. Solicitor General Tushar Mehta later requested a three-week extension, which was granted.

The Supreme Court had previously expressed dissatisfaction with the Speaker's delay, emphasizing the need for expeditious resolution. On October 13, the court had instructed the Speaker to hear the disqualification petitions on a day-to-day basis and reach a decision before the upcoming elections.

Notably, the Nationalist Congress Party, led by Sharad Pawar, has also approached the Supreme Court, urging it to direct the Maharashtra Speaker to decide the disqualification petitions filed against the faction led by Ajit Pawar.

Case:  Sunil Prabhu vs. The Speaker, Maharashtra State Legislative Assembly.