The faction of Shiv Sena led by CM Eknath Shinde has approached the Bombay High Court challenging Maharashtra Legislative Assembly Speaker Rahul Narwekar’s refusal to disqualify 14 MLAs of the Uddhav Thackeray faction.
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MAHARASHTRA: The ongoing political saga within the Shiv Sena, the faction led by Maharashtra Chief Minister Eknath Shinde has approached the Bombay High Court. This move challenges the decision of Maharashtra Legislative Assembly Speaker Rahul Narwekar, which emerged from the split in the party in June 2022.
The crux of the dispute lies in the Speaker’s ruling, which declared the Shinde-led faction as the legitimate Shiv Sena and dismissed disqualification petitions filed by both factions against each other’s MLAs. The petitions sought disqualification on the grounds of non-compliance with the orders of the party’s Chief Whip, a key figure in organizing the party’s contribution to parliamentary business.
Speaker Narwekar, in his decision, acknowledged that Bharat Gogavle of the Shinde faction was the valid whip. However, he refused to disqualify members of the Uddhav Thackeray faction for violating the whip. The Speaker reasoned that the Shinde faction failed to prove that the whip for the confidence vote was adequately served on the MLAs of the Uddhav Balasaheb Thackeray (UBT) faction.
The petition filed by the Shinde faction, represented by advocates Chirag Shah and Utsav Trivedi, argues that the MLAs of the UBT faction should be disqualified as they voluntarily gave up party membership and voted against the Shinde government in the confidence vote, allegedly in collusion with NCP and INC MLAs. The petition emphasizes that the whip was not only electronically delivered but also physically delivered to the respondents’ office in the Assembly, following proper protocol.
The final order passed by Speaker erroneously concludes that the grounds as raised by petitioner (Gogavale) 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 petition stated.
This legal challenge is set against the backdrop of a tumultuous period in Maharashtra politics, marked by the split of the Shiv Sena and the subsequent fall of the Maha Vikas Aghadi Government led by Uddhav Thackeray. The Supreme Court, in a ruling on May 11, 2023, had criticized the Governor’s decision to order a floor test for the Maha Vikas Aghadi government and the Speaker’s appointment of the whip nominated by the Shinde group. However, the court did not order the restoration of the Uddhav Thackeray government, as he resigned without facing a floor test.
The Speaker’s decision, which is now being contested in the Bombay High Court, highlighted several key points. It noted that the will of Uddhav Thackeray could not be equated with the will of the entire political party. The Speaker referred to the 1999 Constitution of the Shiv Sena, which diluted the party chief’s power, and disregarded the 2018 Constitution that concentrated power in the party chief, as it was not on the Election Commission’s record. Additionally, the Speaker ruled that Sunil Prabhu, the whip of the Uddhav Thackeray faction, had lost his authority before calling a party meeting, rendering the whip invalid. The non-attendance of Shinde’s faction at the meeting was considered an act of dissent within the party, protected by freedom of speech and expression.
The case, likely to be heard on January 22, 2024, represents a significant moment in the ongoing legal and political battles within Shiv Sena, with potential implications for the party’s future and Maharashtra’s political landscape.
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