New Delhi: The Supreme Court on Wednesday disagreed with the contention of Shiv Sena (UBT) that it should disqualify the MLAs who have crossed over to the rival faction led by Eknath Shinde, saying that it cannot assume Speaker’s role and decide disqualification petitions against MLAs.A bench of CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana was hearing pleas filed by Sena (UBT) challenging the Speaker’s call rejecting its pleas for disqualification of rebel MLAs led by Eknath Shinde and EC’s decision to recognise Sena (Shinde) as the original party to allot them the bow and arrow symbol.While hearing petitions filed by Sena UBT, the SC said it can at best set aside an erroneous order of House’s presiding officer and direct him to adjudicate the plea for disqualification afresh in conformity with guidelines laid down for the purpose.Shiv Sena split in June 2022 bringing down the MVA govt headed by Uddhav Thackeray. The rebel MLAs went on to support BJP-led NDA to form the govt in Maharashtra with Shinde as CM. Assembly elections were held in Nov 2024, wherein the BJP-led NDA secured a thumping majority.“We cannot assume the speaker’s role and decide the disqualification petitions ourselves. We can’t issue a mandamus that the MLAs, in the facts of the matter, stood disqualified. At best, we can set aside the speaker’s order and ask him to decide afresh in sync with parameters of the Tenth Schedule,” said Justice Bagchi.Senior advocate Devadatt Kamat argued that the speaker erred by not disqualifying Shinde-led rebel MLAs as the anti-defection law permits split only in a political party and not one in legislature party.
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He said that since there was no adjudication of a split in the political party led by Thackeray, the rebel legislators cannot be saved from the disqualification.“Shiv Sena of Thackerays has been using the bow and arrow symbol for decades and the Shinde faction cannot steal it through illegitimate means,” said senior advocate Kapil Sibal and requested the court to freeze the symbol.He added that the party belongs to the Thackerays and the Shinde-faction cannot claim to be the original party as they are defectors who have sinned under the Tenth Schedule.Kamat will conclude his arguments Thursday, which would be followed by Shinde faction lawyers presenting their side of arguments.
