Barely a day after the incumbent Mahayuti coalition returned to power in Maharashtra by sweeping the Assembly elections, Shiv Sena (UBT) leader Sanjay Raut alleged Sunday that former Chief Justice of India D Y Chandrachud had removed the fear of law from the state’s political defectors by not deciding on the petitions over MLAs’ disqualification. This led to the defeat of the Opposition Maha Vikas Aghadi (MVA) in the polls, Raut claimed.

A key constituent of the MVA, the Sena (UBT) also faced a rout like its other allies as it managed to win only 20 out of 94 seats it contested.

In the wake of the Eknath Shinde faction’s rebellion against Uddhav Thackeray’s leadership in June 2022 that split the Sena and toppled the then Uddhav-led MVA government, the Shinde-led Mahayuti government was formed. The Uddhav group then moved the Supreme Court seeking disqualification of the party MLAs affiliated to the Shinde faction, which also filed a counter-petition in the court.

In its verdict, the apex court directed the Speaker to decide on the rival Sena factions’ disqualification petitions. In January 2024, Speaker Rahul Narwekar gave his ruling, holding the faction led by Chief Minister Shinde as the “real Shiv Sena” and giving legitimacy to his claim on the party.

The five-judge Constitution Bench led by then CJI D Y Chandrachud on May 11, 2023 passed a unanimous judgment over various issues related to the Sena split case. Despite holding that the then Governor Bhagat Singh Koshyari had no reasons to conclude that CM Uddhav Thackeray had lost the confidence of the House, the Bench refused to reinstate the Uddhav government. It reasoned that Uddhav did not face the floor test and that it could not quash his resignation as the CM submitted to the Governor voluntarily.

Stating that there were “no extraordinary circumstances” for it to adjudicate on the disqualification matter, the top court declined to intervene, ruling that the Speaker was the appropriate authority to decide it.

In October 2023, rapping Narwekar for delaying in taking decision on the disqualification petitions, another SC Bench led by then CJI Chandrachud asked him to decide the same by December 31, which it extended till January 10, 2024. It also asked Narwekar to decide without being influenced by the Election Commission (EC)’s order recognising the Shinde faction as the “real Sena”.

In its ruling on February 17, 2023, the EC declared the Shinde faction as the “real Sena” and allotted it the undivided party’s name and symbol “bow and arrow”. It held that the Uddhav faction will hold the interim party name, Shiv Sena-UBT, and a “flaming torch” as its poll symbol.

The Uddhav group approached the SC to challenge the EC’s order. A three-judge bench led by then CJI Chandrachud refused to stay the EC’s order without hearing the other side.

On February 6, 2024, in a setback for NCP founder Sharad Pawar, the EC recognised the Ajit Pawar faction as the “real NCP” and allotted it the undivided party’s name and its “clock” symbol.

The Sharad Pawar group was allotted the name, NCP(SP), and “a man blowing a turha (a traditional trumpet)” as its symbol.

Raising a banner of revolt, the Ajit group had crossed over to the Mahayuti camp in early July 2023, following which Ajit was inducted as the Deputy CM in the Shinde government.

On January 10, 2024, Speaker Narwekar ruled that the Shinde faction was “the real Sena”. He held that it was “discernible” based on the legislative majority that existed when rival Sena factions emerged on June 21, 2022. The Shinde group had then consisted of 37 MLAs out of the undivided Sena’s 55 MLAs.

The Speaker dismissed all 34 petitions filed by the rival Sena factions that sought disqualification of altogether 54 MLAs belonging to both sides.

On February 15, 2024, deciding on the NCP groups’ disqualification petitions against each other, Narwekar ruled that the Ajit faction was the “real NCP”.

The Speaker also dismissed pleas filed by rival NCP factions seeking disqualification of 41 MLAs from the Ajit group and 10 MLAs from the Pawar group.

Aggrieved by the moves of the Speaker and the EC, the Sena (UBT) and the NCP(SP) moved the apex court to challenge their decisions.

The Sena (UBT) sought a stay on the Speaker’s order to restrain the Shinde faction MLAs from attending the Assembly and to suspend their membership pending challenge before the apex court. Its plea also sought restraining order against the Shinde faction’s whip from issuing directions to the Sena (UBT) MLAs.

The pleas against the Speaker’s decision on the Sena MLAs’ disqualification have been pending before the apex court and were last heard on August 6 this year. The Chandrachud-led Bench had then asked the parties to submit a common compilation of their submissions by August 14. However, these pleas have not been heard so far even as a fresh Assembly election has concluded now.

Justice Chandrachud retired on November 10 after his two-year stint as the CJI.

Uddhav’s plea challenging the EC’s order over the party’s name and its symbol was heard last on September 18, 2023 by the Chandrachud-led Bench.

The NCP (SP)’s petitions challenging the orders of the EC and the Speaker have also been pending before the top court.