Why is Maharashtra's Opposition Urging CJI Gavai for Immediate Attention on Shiv Sena and NCP Split?

Synopsis
Key Takeaways
- Opposition parties in Maharashtra are actively seeking judicial intervention regarding party splits.
- The absence of a Leader of the Opposition raises constitutional questions.
- Pending petitions have been unresolved for more than three years.
- The situation highlights the need for adherence to anti-defection laws.
- The outcomes could have wide implications on governance in Maharashtra.
Mumbai, July 8 (NationPress) On Tuesday, opposition parties in Maharashtra submitted two distinct letters to Chief Justice of India (CJI) B.R. Gavai, addressing the unresolved petitions concerning the splits within Shiv Sena and the Nationalist Congress Party (NCP), as well as the ongoing vacancy for the Leader of the Opposition in the Assembly.
The opposition leaders, including former Leader of the Opposition Vijay Wadettiwar (Congress), NCP-SP legislators Jayant Patil and Jitendra Awhad, along with Aaditya Thackeray from Shiv Sena-UBT and Bhaskar Jadhav, the group leader of Shiv Sena-UBT, presented these letters to CJI Gavai, who had been honored earlier in the day by the Maharashtra Legislature.
They highlighted to the CJI that the petitions regarding the splits in Shiv Sena and NCP have been pending for over three years.
The opposition leaders made a compelling argument for the expedited hearing of these petitions.
In their correspondence about the ongoing case regarding party divisions, they pointed out that the petitions seek clarification on the eligibility of former Shiv Sena and NCP MLAs who left their parties, potentially breaching the anti-defection law.
Despite a hearing conducted by Assembly Speaker Rahul Narwekar, no decision was reached to disqualify the members, resulting in the matter being escalated to the Supreme Court.
This court ruling is under close scrutiny, not just within Maharashtra but across other states in India.
The opposition urged CJI Gavai to prioritize these pending petitions to uphold the integrity of the Indian Constitution.
In a separate letter, the opposition also addressed the absence of a designated Leader of Opposition in the Assembly.
“Our governance operates in accordance with the Constitution. We are custodians of the Constitution, making it essential for us to ensure its integrity. While we understand the court's reluctance to interfere in legislative matters, we felt it necessary to draw your attention to this issue.,” stated the opposition leaders, including Vijay Wadettiwar, Jayant Patil, Jitendra Awhad, Aaditya Thackeray, and Bhaskar Jadhav.
They emphasized, “Just as the role of Chief Minister is constitutionally mandated, so too is the role of the Leader of Opposition. The Assembly Speaker is the only authority to make this determination, and the current situation represents a constitutional violation.”
The opposition also noted that the general elections in Maharashtra occurred on November 20, 2024, with results declared on November 23, 2024.
Post-election, a coalition government was formed by BJP (132 seats), Shiv Sena (57 seats), and NCP (41 seats), while the Shiv Sena-UBT secured 20 seats, Congress 16 seats, and NCP-SP 10 seats.
“With the highest number of members, the Shiv Sena-UBT received support from Congress and NCP-SP. Uddhav Thackeray contacted the Assembly Speaker regarding the election of the Opposition Party Leader. The Secretariat responded by stating that there are no provisions in the rules for electing a Leader of Opposition in the Assembly. The appointment authority rests with the Speaker,” the opposition highlighted.
They concluded that despite the current Monsoon session of the Maharashtra Assembly, the Leader of the Opposition has yet to be appointed.