On Wednesday, the Maharashtra assembly speaker Rahul Narwekar pronounced his verdict in the Sena vs Sena matter where he had to decide which faction is the real, the legitimate Shiv Sena. Narwekar declared that Eknath Shinde faction had the legislative majority when the rival factions emerged, so Shinde faction is the real Shiv Sena.
The speaker depended on the party's constitution and the legislative majority to reach the conclusion. He held that as the 2018 constitution of Shiv Sena isn't in the records of the Election Commission of India, the 1999 constitution is the valid constitution. The speaker said that, 'The 2018 leadership structure of the party is not in confirmity with the valid constitution of Shiv Sena. So, the 2018 leadership structure can't be the yardstick to determine which faction is the real Shiv Sena political party.'
The speaker said that the submission of the Uddhav Thackeray faction that the will of the party president is synonymous with the will of the political party is not admissible. The speaker held that the removal of Eknath Shinde by Uddhav Thackeray in June 2022 is not accepted (as per the constitution of the party).
Narwekar pronounced verdict on the disqualification pleas filed by Uddhav Thackeray Sena (UBT) and Eknath Shinde's Shiv Sena. The Supreme Court had asked Narwekar to decide on the disqualification pleas by 4 pm, January 10.
It all started on June 20, 2022, when after the Maharashtra legislative council elections, Eknath Shinde, along with 11 Shiv Sena MLAs (then united Shiv Sena) went to Surat and stopped all communications with the then CM and Sena chief Uddhav Thackeray. By the next day, Uddhav's faction and the Maha Vikas Aghadi leaders realised that Shinde was trying to switch sides.
MVA suspected cross voting in the legislative council elections. Thackeray called a meeting of Sena MLAs and Eknath Shinde was removed from all the party posts. The meeting was attended by only a few Sena MLAs as many more MLAs had joined Shinde by then.
On June 22, Shinde and 40 rebel Shiv Sena MLAs went to Guwahati. They started issuing multiple statements, pictures, letters and videos claiming that by joining the MVA, Thackeray had hurt the fabric of Shiv Sena. The rebels also claimed that other MLAs of the MVA, especially NCP MLAs, were getting preference over the Shiv Sena MLAs in terms of clearance of multiple projects in their respective constituencies and releasing of funds.
On June 23 and 27, Thackeray filed disqualification pleas against the rebel MLAs under the anti-defection law. Later, Shinde also filed similar disqualification pleas against Uddhav's faction comprising 14 MLAs, claiming that his was the real, legitimate Shiv Sena.
On June 29, Thackeray resigned as the chief minister. The next day, Shinde and other MLAs returned to Mumbai. Shinde took oath as the chief minister and Devendra Fadnavis as his deputy. On July 4, the new coalition led by Shinde won the floor test. The new governmnet got the support of 164 MLAs as against 99 MLAs who supported the MVA.
On February 17, 2023, the Election Commission allotted the name 'Shiv Sena' and the party's original symbol bow and arrow to Shinde's faction.
On May 11, 2023, the Supreme Court said that since Thackeray resigned voluntarily, it cannot reinstate him. But the court termed the decisions taken by the Speaker illegal. The court said that Narwekar's decision of recognising Bharat Gogawale (Shinde faction) as Shiv Sena's chief whip and Shinde as the leader of Shiv Sena legislative party was illegal. The court added 'absent exceptional circumstances, the speaker is the appropriate authority to decide on the disqualification pleas of the MLAs as per the anti-defection law'.
The court asked the Speaker not to get swayed by the number of MLAs on any side. The court said that this is not a number game.
In 2019, Thackeray, unhappy with BJP's unwillingness to share the chief minister's post with Shiv Sena, joined hands with Nationalist Congress Party and Congress to form a coalition called Maha Vikas Aghadi. The MVA formed the government and Thackeray was made the chief minister.
In 2022, after Shinde's rebellion, Sena split and the MVA government collapsed. Since then, Maharashtra is going through political turmoil. In July 2023, NCP's Ajit Pawar also followed Shinde's footsteps and rebeled against his uncle and NCP Supremo Sharad Pawar. Ajit joined Shinde-BJP coalition with eight other NCP MLAs and claimed that his was the legitimate NCP.
Narwekar's verdict on the disqualification plea can also decide the fate of the NCP MLAs by setting a precedent.
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