The Uddhav Thackeray faction of the Shiv Sena moved to the Supreme Court challenging Maharashtra Legislative Assembly Speaker Rahul Narwekar’s order declaring the Sena bloc led by Chief Minister Eknath Shinde as the “real political party” after its split in June 2022.
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NEW DELHI: The Uddhav Thackeray faction of Shiv Sena has escalated its internal party conflict to the Supreme Court, challenging the Maharashtra Assembly Speaker Rahul Narwekar’s decision. The Speaker had recognized the Eknath Shinde-led faction as the legitimate Shiv Sena and dismissed the disqualification petitions against members of both factions.
The controversy stems from a split in the Shiv Sena in June 2022, leading to a power struggle between the Uddhav Thackeray and Eknath Shinde factions. The Speaker’s ruling on January 10, 2024, not only rejected the Thackeray faction’s plea to disqualify 16 MLAs of the Shinde camp but also cemented Shinde’s position as Chief Minister. This decision has significant implications for the political landscape in Maharashtra, especially with the Lok Sabha polls and state assembly elections approaching in 2024.
Speaker Narwekar, in his ruling, emphasized that the Shinde faction held a majority with 37 out of 54 Sena MLAs supporting it at the time of the split. He also stated that Sunil Prabhu of the Sena (Uddhav Balasaheb Thackeray faction) ceased to be the whip from June 21, 2022, and Bharat Gogawale of the Shinde group was validly appointed as the authorized whip. This decision effectively nullified the authority of the Thackeray faction to call a meeting of the Shiv Sena Legislature Party (SSLP).
The Speaker’s ruling also touched upon the constitutional and legal aspects of party leadership and dissent. He noted that no party leadership could use the provisions of the 10th Schedule of the Constitution (anti-defection law) to suppress dissent or indiscipline within a party. Furthermore, he clarified that the will of the party chief and the will of the party were not synonymous, thereby allowing room for intra-party dissent.
“Shinde faction had an overwhelming majority of 37 of 55 MLAs when rival factions emerged. Sunil Prabhu ceased to be the duly whip of the party since the rival faction emerged. Bharat Gogavale was validly appointed as whip of Shiv Sena Party and Eknath Shinde validly appointed as leader of the party,”
the Speaker had ruled.
The Election Commission had earlier recognized the Shinde-led faction as the official Shiv Sena, granting them the ‘Shiv Sena’ name and the ‘bow and arrow’ symbol. This decision was a significant blow to the Thackeray faction, which has now sought judicial intervention from the Supreme Court.
The Supreme Court had initially set a deadline of December 31, 2023, for the Speaker to decide on the petitions under the tenth schedule of the Constitution. However, the court extended this deadline to January 10, 2024, expressing strong dissatisfaction with the Speaker’s delay in adjudication.
This legal battle in the Supreme Court marks a crucial phase in the ongoing tussle for control over the Shiv Sena, a party with a significant political legacy in Maharashtra. The outcome of this case is likely to have far-reaching implications for the state’s political dynamics and the future of the Shiv Sena.
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