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The ruling is a major relief for Shinde, who rebelled against the party chief Uddhav Thackeray in June 2022 and formed a government with the BJP’s support.
Here is why Maharashtra Speaker Rahul Narwekar ruled that Eknath Shinde faction is the real Shiv Sena
- Constitutional basis and majority support: Narwekar emphasized the importance of the Shiv Sena constitution as submitted to the Election Commission in 1999. He rejected the 2018 amended constitution, which was not in the Election Commission’s records. “The 2018 amended constitution of Shiv Sena cannot be considered as valid as it’s not in the records of the Election Commission of India. As per Supreme Court orders, I cannot delve into any other factor on which the Constitution is valid. As per records, I am relying on the 1999 constitution of Shiv Sena as the valid constitution. The 2018 leadership structure was not in conformity with the constitution of the Shiv Sena (of 1999 which is relied upon). This leadership structure cannot be taken as the yardstick to determine which faction is a real Shiv Sena political party,” the speaker said. This decision was crucial because it determined the legitimate leadership structure of the party. The Shinde faction, having a majority of 37 out of 55 MLAs, was recognized as holding the majority, which is a significant factor in determining the legitimate faction of a political party.
- Constitution over party chief: The speaker also held that the Shiv Sena ‘pramukh’ (chief) did not have the power to remove any leader from the party. He also did not accept the argument that the will of the party chief and the will of the party were synonymous.
- Leadership and whip appointments: The speaker ruled that Bharat Gogavale was validly appointed as the whip of the Shiv Sena Party and Eknath Shinde as the leader of the party. This was based on the majority support Shinde’s faction had. Sunil Prabhu, from the Uddhav Thackeray faction, was deemed to have ceased being the whip from June 21, 2022.
- Invalidation of Uddhav Thackeray’s actions: The speaker did not accept the actions taken by Uddhav Thackeray, including the removal of Eknath Shinde or any party leader, as per the party constitution. This decision was based on the interpretation that the Shiv Sena party chief, as per the 1999 constitution, did not have the authority to unilaterally remove members from the party. The 1999 party constitution submitted to the Election Commision was the valid constitution for deciding the issues, and the Thackeray group’s contention that the amended constitution of 2018 should be relied on was not acceptable, the speaker said. The 1999 constitution made the `Rashtriya Karyakarini’ (national executive) the supreme body, he said.
- Rejection of disqualification petitions: Narwekar dismissed the disqualification petitions filed against MLAs of both factions. He underlined that non-attendance at party meetings and voicing differences of opinion outside the legislature are matters of the party and can be seen as acts of dissent, which are protected by freedom of speech and expression.
- Legitimacy of party meetings: The speaker noted that Sunil Prabhu had no authority to call a meeting of the Shiv Sena Legislature Party (SSLP) and that the notice for such a meeting was not adequately served to the Shinde faction members.
What they’re saying
- Shinde hailed the ruling as a victory of democracy and said that numbers matter in politics. He also said that he was ready to face the people’s verdict in the next elections.
- Uddhav Thackeray, on the other hand, accused the BJP of conspiring to destroy the Shiv Sena founded by his father Bal Thackeray. He termed the speaker’s order as murder of democracy and insult of the Supreme Court.
- Uddhav also said that he would not give up the fight and would appeal to the Supreme Court.
- Sanjay Raut, a senior leader of the Thackeray faction, echoed Uddhav’s sentiments and said that the Shiv Sena would not end with one decision.
- Raut termed the order as a “conspiracy”, and said it was a “black day” for the Marathi ‘manoos’. He said doing this to the party formed by Bal Thackeray was a cruel thing that amounted to stabbing the Marathi manoos and Maharashtra in the back.
Why it matters
The ruling has significant implications for the political landscape of Maharashtra, where assembly polls are due in the second half of 2024. The Shinde faction, which has 37 out of 54 MLAs, enjoys the support of the BJP and the NCP’s Ajit Pawar faction, while the Thackeray faction, which has 17 MLAs, is allied with the Congress and the NCP’s Sharad Pawar faction. The Speaker’s ruling gives Shinde more legitimacy and stability as the chief minister, while weakening Thackeray’s claim to the party’s legacy and symbol.
The big picture
The Maharashtra assembly speaker’s ruling marks a pivotal moment in the Shiv Sena’s internal conflict, potentially altering the state’s political equations and setting the stage for an intense legal and political showdown.
With the speaker’s ruling, CM Eknath Shinde’s grip on the party and its legislative presence is significantly reinforced.
What next
Supreme Court showdown: The Thackeray faction’s impending Supreme Court challenge could further escalate the legal battle, potentially impacting the political dynamics in Maharashtra.
(With inputs from agencies)
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