The Shiv Sena faction, led by former Chief Minister Uddhav Thackeray, has taken its grievances to the Supreme Court following Maharashtra Assembly Speaker Rahul Narwekar's recent ruling that recognizes the Chief Minister Eknath Shinde-led faction as the "authentic" Shiv Sena.
In the legal challenge, concerns are raised about the dismissal of disqualification petitions against CM Shinde and other MLAs accused of anti-party activities. The faction argues that the Speaker incorrectly merged the concepts of a "legislature party" with that of a "political party," asserting that the Shinde faction's "legislative majority" was mistakenly considered the determining factor for being the "true political party."
The special leave petition, presented by advocate Nishant Patil, contends that the Speaker's decision violates the provisions of the Tenth Schedule of the Constitution. It points out that the Speaker's consideration of the legislative majority of the Shinde faction in determining the political party is inherently flawed.
The plea highlights the Speaker's alleged error in discarding the 2018 leadership structure, claiming it does not align with the provisions of the Shiv Sena constitution. According to the petition, the Speaker's decision is ex-facie ultra vires, meaning it goes beyond the legal authority conferred by the Constitution.
On January 10, Speaker Narwekar declared Shinde's group as the authentic "Shiv Sena" based on its majority in the legislature and the party’s National Executive. The Speaker rejected the 2018 leadership changes made by Thackeray, stating they deviated from the 1999 Shiv Sena Constitution, with no record of these amendments with the Election Commission.
Furthermore, the Speaker ruled that Sunil Prabhu, the then Chief Whip, no longer represented the party's will to continue in the post. Bharat Gogawale was recognized as the validly elected Chief Whip after the emergence of the rival faction on June 21, 2022.
The Speaker's verdict dealt a significant blow to Uddhav Thackeray, who lost control of the original Shiv Sena founded by his late father, Balasaheb Thackeray, to Shinde. Despite the dismissal of cross-petitions by both factions, Thackeray’s legislative members, including his son Aditya Thackeray, remain undisqualified and will continue serving until the end of their terms.
(With Agency Inputs)
