New Delhi: The Supreme Court of India has reserved its verdict on a set of cross-petitions submitted by the Uddhav Thackeray and Eknath Shinde factions concerning the Maharashtra political crisis. The Constitution bench, composed of five judges and led by Chief Justice DY Chandrachud, concluded the hearing after listening to arguments presented by both factions and the office of the governor.
Senior advocates Kapil Sibal, AM Singhvi, Devadatt Kamat, and advocate Amit Anand Tiwari presented their submissions in favour of Uddhav Thackeray, and senior advocates Neeraj Kishan Kaul, Harish Salve, Mahesh Jethmalani, and advocate Abhikalp Pratap Singh represented Maharashtra CM Eknath Shinde's faction. Solicitor General Tushar Mehta appeared for the office of the governor.
After nine days of hearings that began on February 21, the five-judge constitution bench reserved its verdict. On February 17, the top court had declined to refer a batch of petitions related to the Maharashtra political crisis triggered by the division of the Shiv Sena party to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment. The judgment had ruled that an assembly speaker cannot proceed with pleas for disqualification of MLAs if a prior notice seeking the speaker's removal is pending before the house.
At the height of the political crisis in Maharashtra on June 29, 2022, the apex court refused to stay the governor's direction to the 31-month-old MVA government led by Thackeray to take a floor test. Sensing defeat, Thackeray resigned, and a Shiv Sena-BJP dispensation led by Shinde came to power.
On August 23, 2022, a three-judge bench of the top court headed by then Chief Justice N V Ramana referred to a five-judge bench petition filed by the two Sena factions, which raised several constitutional questions related to defection, merger, and disqualification. In a setback to the Thackeray bloc, the Election Commission declared the Shinde faction as the real Shiv Sena last month and allotted it the bow and arrow symbol of the party founded by Balasaheb Thackeray.
The Supreme Court's verdict is keenly awaited by the two factions, and it is expected to have significant implications for Maharashtra's politics. The verdict will determine whether the Shiv Sena party's split was legal or not and will settle disputes over the legitimacy of the Shiv Sena-led government in Maharashtra.
The verdict will also have an impact on the political future of Uddhav Thackeray, who resigned as Maharashtra Chief Minister after the Shiv Sena's division. If the verdict goes against him, Thackeray's political career could be in jeopardy. On the other hand, if the verdict favors him, he could stage a comeback and reclaim his position as Maharashtra's Chief Minister.
