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The recent Maharashtra Assembly election results have sparked a wave of controversy, with Shiv Sena (UBT) leader Sanjay Raut directly implicating former Chief Justice of India D Y Chandrachud in the Maha Vikas Aghadi (MVA) coalition's resounding defeat. Raut's accusation centers on the Supreme Court's handling of petitions concerning the disqualification of MLAs following the rebellion within the Shiv Sena in June 2022. He alleges that the court's decisions, particularly its refusal to directly intervene in the disqualification process, effectively removed the fear of legal repercussions from political defectors, significantly impacting the election outcome. The MVA, comprising the Shiv Sena (UBT), Nationalist Congress Party (NCP), and Congress, suffered a considerable defeat, with the Sena (UBT) winning only 20 out of 94 contested seats. This stark outcome underscores the gravity of Raut's assertion regarding the influence of judicial decisions on the political landscape.
The sequence of events leading to the current political climate began with the Eknath Shinde-led rebellion against Uddhav Thackeray's leadership in June 2022. This rebellion split the Shiv Sena, toppled the MVA government, and paved the way for the formation of the Mahayuti government under Shinde. Subsequently, the Uddhav Thackeray faction of the Shiv Sena approached the Supreme Court, seeking the disqualification of the MLAs who had joined the Shinde faction. A counter-petition was also filed by the Shinde faction. The Supreme Court, under the then Chief Justice D Y Chandrachud, ultimately declined to adjudicate directly on the disqualification matter, instead directing the Speaker of the Maharashtra Legislative Assembly to make the decision. This decision, while seemingly procedural, is at the heart of Raut's criticism. He contends that the Supreme Court's deference to the Speaker, coupled with the perceived lack of swift action by the court, allowed for political maneuvering that significantly disadvantaged the MVA.
The Supreme Court's reasoning for not intervening directly stemmed from the absence of what it deemed “extraordinary circumstances.” While the court found that the Governor's justification for the removal of Uddhav Thackeray lacked merit, it also noted the absence of a floor test, and emphasized that Thackeray's resignation had been voluntary. This combination of factors influenced the Court's decision to defer the disqualification issue to the Speaker. However, the subsequent actions of the Speaker, Rahul Narwekar, further fueled the controversy. Despite several reminders from the Supreme Court, including deadlines imposed to expedite the decision-making process, significant delays occurred. This delay, according to Raut, played a pivotal role in the overall narrative and subsequent election results, allowing the Shinde faction to consolidate its position and gain an advantage. Further complicating matters were decisions by the Election Commission of India (ECI), which recognized the Shinde faction as the 'real' Shiv Sena, granting them the party name and symbol. These ECI decisions were also challenged in the Supreme Court, but the challenges remained unresolved before the elections.
The Speaker's eventual ruling in January 2024 declared the Shinde faction as the “real Shiv Sena,” thereby legitimizing Shinde's claim to the party leadership. This ruling dismissed petitions seeking the disqualification of MLAs from both factions. A similar pattern unfolded with the NCP, where the Speaker recognized the Ajit Pawar faction as the “real NCP,” further solidifying the Mahayuti government's position. The decisions of both the Speaker and the ECI were challenged in the Supreme Court by the Uddhav Thackeray faction of the Sena and the Sharad Pawar faction of the NCP. However, these challenges remained pending, even as the recent Assembly elections concluded. The fact that these crucial legal challenges remained unresolved until after the election is the core of Raut's accusation against the former Chief Justice. He argues that had the Supreme Court acted more decisively and swiftly, the election results might have been significantly different. The timing of Justice Chandrachud's retirement from the post of CJI adds another layer to this complex political narrative, adding weight to the accusations made by Raut.
The allegations made by Sanjay Raut raise critical questions about the interplay between the judiciary, the executive, and the electoral process in India. The accusations highlight the complexities of intra-party disputes, the role of the Supreme Court in resolving such disputes, and the impact of these decisions on the broader political landscape. The timing of various decisions, including the Speaker's rulings, the Election Commission’s pronouncements, and the Supreme Court’s actions, all played a role in shaping the electoral battleground. The unresolved legal challenges and the timing of Justice Chandrachud’s retirement offer fertile ground for continuing political debate and analysis. The situation also prompts reflection on the need for clear and timely resolution of such disputes to ensure the fairness and integrity of the electoral process. Whether or not Raut's accusations against Justice Chandrachud hold merit is a matter of ongoing debate and further analysis; however, his claims underscore the complex and deeply intertwined nature of politics and the judiciary in India's dynamic political landscape.
Source: Decode Politics: Why Sanjay Raut is blaming ex-CJI Chandrachud for MVA’s poll debacle