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Synopsis

The Bombay High Court on Wednesday issued notice in the petitions filed by the Eknath Shinde Faction challenging the Maharashtra Assembly Speaker's decision not to disqualify the members of the Uddhav Thackeray Faction. 

The division bench of the high court, comprising Justice Girish Kulkarni and Justice Firdosh Pooniwalla, issued notice in the petition filed by Bharatsheth Gogavale.

The high court has issued notice to Sunil Prabhu of the Uddhav Faction, the Speaker of the Maharashtra Assembly, and the Maharashtra Assembly Secretariat. 

"Issue notice to all respondents. Reply affidavits if any to be filed in advance and copies to be served on the petitioner. Matter to be listed on February 8," the court said.

The high court has asked the respondents to reply to the petitions and has kept the petition for hearing on February 8. 

The petition has challenged the Assembly Speaker's decision not to disqualify the 14 MLAs of the Uddhav Thackeray Faction.

Last week, the Maharashtra Assembly Speaker dismissed petitions filed by the Uddhav Thackeray faction seeking the disqualification of members from the Shinde faction.

The speaker also rejected petitions filed by the Uddhav faction seeking the disqualification of Shinde faction members for defiance of the party whip.

The Shinde faction has now moved the high court challenging the order of the Assembly speaker.

Meanwhile, the Uddhav Thackeray faction has approached the Supreme Court challenging the order of the Assembly Speaker not to disqualify members of the Shinde Faction.

In their petition, the Shinde faction has asserted that members of the Uddhav faction voluntarily relinquished their memberships of Shiv Sena when they voted against the government and attempted to topple the Shiv Sena government in cahoots with legislators from the Indian National Congress (INC) and the Nationalist Congress Party (NCP).

The petition claimed that the Speaker erroneously concluded that the grounds raised by Gogavale were mere allegations and assertions.

“The final order passed by Speaker erroneously concludes that the grounds as raised by petitioner are mere allegations and assertions on the part of the Petitioner. This conclusion is ex facie illegal and cannot be sustained. The present petition is derived from the fact that members of the Thackeray faction voted contrary to the whip issued by Gogavale who is duly recognized as Chief Whip by the Speaker. This vote is a part of record of the Assembly, and in no manner can be said to be a mere allegation. The Hon'ble Speaker failed to even peruse the reply one filed by Gogavale wherein the Respondent has admitted to allegations of the Petitioner" the plea reads.

The petition has sought to declare the order of the Speaker as illegal and unconstitutional.

The plea also seeks an order from the high court declaring the members of the Uddhav faction as disqualified.

Case title: Bharatshet Maruti Gogavale vs Sunil Vaman Prabhu & Ors