Interviewed for ConCast (Episode 4)



source publication

Indian Constitutional Law and Philosophy


In a recent interview with The Hindu, published on 25.05.2023, the Hon’ble Speaker of the Maharashtra Legislative Assembly, talking about the Shiv Sena dispute, stated that he is not bound by the order of Election Commission (ECI) and will decide the disqualification petitions filed by both factions of the Shiv Sena independently. He also affirmatively stated that the Hon’ble Supreme Court, vide its judgement dated 11.05.2023 in Subhash Desai v. Principal Secretary to Government, Maharashtra, WP (C) No. 493 of 2022 (Shiv Sena Constitution Bench Judgement) has widened the role of the Speaker under the X Schedule of Constitution (X Schedule), and has also asked him to investigate who the “real” Shiv Sena political party was as of July 2022. It is now not out of the place to mention that this affirmative statement made by the Hon’ble Speaker finds its force from the discussion and conclusion under Part E of the Shiv Sena Constitution Bench Judgement, between paragraphs 125 to 159 of the Judgement.



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