Maha Speaker declares Shinde-led faction real Shiv Sena; Uddhav to approach top court

In a crucial decision for Maharashtra politics, Assembly Speaker Rahul Narwekar on Wednesday ruled that the Shiv Sena faction led by Chief Minister Eknath Shinde is the "real political party" after the split in June 2022.

In a 105-minute-long reading of the ruling's key points, Narwekar also dismissed the disqualification petitions filed by Uddhav Thackeray's Shiv Sena (UBT) faction against 16 MLAs, including Shinde himself.

The decision sparked immediate reactions. While Shinde supporters erupted in celebration, Sena (UBT) leaders Sanjay Raut and Aaditya Thackeray announced plans to challenge the ruling in the Supreme Court. NCP chief Sharad Pawar also advised Uddhav Thackeray to take the legal battle to the apex court.

Narwekar clarified that party leadership could not utilise the provisions of the 10th Schedule of the Constitution to address internal dissent or indiscipline. Addressing the disqualification petitions from both factions, he specified that Sunil Prabhu of the Sena (UBT) ceased to be the whip from June 21, 2022, and Bharat Gogawale of Shinde's group assumed the role.

Narwekar stated, "All petitions seeking MLAs' disqualification are dismissed. No MLA faces disqualification." He further indicated that the Shiv Sena's chief lacked the authority to remove any party leader and rejected the notion equating the party chief's will with the party's collective decision. Highlighting the valid 1999 party constitution registered with the Election Commission, Narwekar dismissed the Thackeray group’s reliance on the amended 2018 constitution. He underscored that the 1999 constitution established the ‘Rashtriya Karyakarini’ (national executive) as the supreme authority.

Sanjay Raut criticised the decision, alleging a BJP-led conspiracy to dismantle Balasaheb Thackeray’s Shiv Sena. He affirmed the party’s intention to challenge the ruling in the Supreme Court.

Narwekar reiterated the validity of the Shiv Sena’s 1999 constitution provided by the Election Commission. He highlighted that the Shinde faction possessed a commanding majority of 37 out of 54 MLAs during the emergence of rival factions in June 2022.

Following the internal turmoil in June 2022, Shinde assumed the chief ministerial position with BJP’s support. Subsequently, the Ajit Pawar faction of the Nationalist Congress Party allied with his government in July of the same year.

Last May, the Supreme Court affirmed Shinde’s role as the Chief Minister of Maharashtra, indicating an inability to reinstate Uddhav Thackeray’s Maha Vikas Aghadi coalition government due to Thackeray’s resignation without a floor test amidst Shinde’s rebellion. However, the apex court questioned the then-Governor Bhagat Singh Koshyari’s decision to conduct a floor test to resolve an intra-party dispute.

The Election Commission recognised the Shinde-led faction as ‘Shiv Sena’ with the ‘bow and arrow’ symbol, while designating Thackeray’s group as Shiv Sena (UBT) represented by a flaming torch symbol.

Looking ahead, Maharashtra is poised for Assembly elections in the latter half of 2024.