Supreme Court on Sena Row: “Can Deputy Speaker be judge of his own court?”

• Team Thackeray and the Sena rebels traded legal blows today.
• As the power war within the Shiv Sena approached the Supreme Court, it decided the fate of the Maharashtra administration.
• A significant development was a new request made by rebel Sena faction leader Eknath Shinde.

Team Thackeray and the Sena rebels traded legal blows today as the power war within the Shiv Sena approached the Supreme Court, deciding the fate of the Maharashtra administration.

A significant development was a new request made by rebel Sena faction leader Eknath Shinde, who claimed that the lives of rebel MLAs stationed in Guwahati were under danger. Mr. Shinde made reference to Sena MP Sanjay Raut’s comments about “dead bodies.” The party MP has clarified that he was referring to the rebels’ “dead conscience.”

The rebels’ attorney was questioned by the Supreme Court on why they did not go to the Bombay High Court first. Advocate NK Kaul responded that the situation does not allow the rebels to pursue their legal claims in Mumbai because their homes and property are in danger.

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Abhishek Singhvi, speaking on behalf of the Sena leadership, claimed that the Shinde camp did not provide a justification for why they did not first approach the high court. He claimed that the Deputy Speaker had the authority to decide whether to act on the disqualification notifications of dissident MLAs, citing previous Supreme Court rulings. While the Assembly processes are ongoing, a judicial review cannot be conducted, he stated.

Deputy Speaker Narahari Zirwal’s attorney, Rajeev Dhawan, responded to the rebels’ claim that he cannot decide on MLAs’ disqualification notices while a no-trust vote is being considered against him by stating that the no-trust motion was rejected because it was sent from an unverified email address.

Justice Surya Kant responded to this claim by posing the issue, “If Deputy Speaker is declaring that he is rejecting the move that demands his removal, can the Deputy Speaker be the Judge of his own court?”

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