MUMBAI: Nearly two years after a rebellion by then Shiv Sena leader Eknath Shinde led to the collapse of the ruling Maha Vikas Aghadi government in Maharashtra, Assembly Speaker Rahul Narwekar on Wednesday delivered his much-awaited verdict on the disqualification of several MLAs. Narwekar, while announcing his verdict on disqualification matters, emphasised that the arguments presented by the Uddhav Thackeray faction lack substance. The Shiv Sena ‘pramukh’ does not have the power to remove any leader from the party, Narwekar said while announcing his ruling.
He also earlier maintained that the party’s Constitution of 2018 can’t be taken into account. Narwekar added that the Shiv Sena constitution issued by the Election Commission is the authentic document and will henceforth be referred to as the SS Constitution. “The last relevant constitution submitted to ECI before the rival groups emerged in 1999. I hold that the Constitution of the Shiv Sena provided by ECI to the Speaker is the relevant constitution of Shiv Sena to decide which is the political party,” he said.
‘No Consensus On Constitution Submitted By Sena Factions’
“There is no consensus on the constitution submitted by both the parties (two factions of Shiv Sena) to the EC. The two parties have different points of view on leadership structure. The only aspect is the majority in the legislature party. I will have to decide the relevant constitution to be taken into account to the leadership structure that existed before the dispute….” Narwekar said while announcing the ruling.
It was the election of the Assembly Speaker, Narwekar, that formed the basis of the disqualification pleas of the two rival sides as they accused each other of defying the party’s whip. Last year, the Supreme Court had entrusted the Speaker to decide the disqualification petitions of the MLAs – 34 in total – from the two rival Sena camps.
Consultations Ahead Of The Landmark Judgement
Before delivering the verdict, Speaker Narwekar held consultations with senior lawyers, emphasizing that the decision would be based on the law, ensuring justice for all parties involved. Describing it as a benchmark judgment, Narwekar aimed to provide a fair resolution to the ongoing dispute within the Shiv Sena.
Split In Shiv Sena & Disqualification Pleas
Following the split within Shiv Sena, the Shinde faction comprises 40 MLAs and 13 MPs, while the Uddhav faction has 16 MLAs and 6 MPs. The disqualification pleas arose from accusations of both factions defying the party’s whip during the election of the Assembly Speaker, Narwekar.
Background Of The Dispute
The roots of the matter trace back to June 2022 when Eknath Shinde and around 40 MLAs rebelled against Chief Minister Uddhav Thackeray, leading to a Shiv Sena split. Resorting to “resort politics,” the rebel MLAs shifted locations, eventually joining hands with the BJP, resulting in the downfall of the Maha Vikas Aghadi government.
Disqualification Petitions
The power struggle escalated as both factions passed resolutions, each claiming leadership within the Sena. Disqualification petitions were filed against 40 MLAs of the rival camp by the Uddhav Thackeray camp, and in return, the Shinde faction filed petitions against 14 legislators from the Uddhav camp.
Supreme Court And Election Commission Rulings
In February 2023, the Election Commission recognized the Shinde faction as the “real” Sena, allocating the ‘Shiv Sena’ name and ‘bow and arrow’ symbol. The Supreme Court, later on, ruled against restoring the Maha Vikas Aghadi government, stating that Uddhav Thackeray resigned without facing the floor test.
Decisions To Be Made By The Speaker Today?
Now, the Speaker must determine the real Shiv Sena and the authorized leader, irrespective of the Election Commission’s order. Examining the party’s constitution, the Speaker will navigate through the conflicting claims regarding the amendment in 2018, determining the concentration of power within the party. This decision by the Speaker holds immense significance, setting the stage for the future direction of the Shiv Sena and its political landscape in Maharashtra.