Sena MLAs' Disqualification Verdict: Eknath Shinde Faction Is 'Real' Shiv Sena Party, Says Speaker Rahul Narwekar

Legislative Assembly Speaker Rahul Narvekar announced the result of the Shiv Sena MLAs' disqualification pleas filed by both factions of Shiv Sena on Wednesday, January 10. Eknath Shinde faction was a real Shiv Sena party when rival factions emerged on 21st June 2022, said speaker Rahul Narwekar in its judgment. "Uddhav Thackeray had no power to remove Eknath Shinde from the post of legislature party leader. Split emerged in the legislature and political parties as well. When there is a vertical split, leaders from both sides can claim theirs to be the original party. The UBT faction did not submit any material to prove that the national executive meeting was held to decide which faction was the real party, said speaker Narwekar. Shiv Sena constitution provides that the nation executive is the highest body. Claims by a Thackeray faction that the will of the paksha pramukh is the will of the party cannot be accepted," said the speaker.

Shiv Sena MLAs' disqualification case | Maharashtra Assembly speaker Rahul Narwekar says, "Shinde faction was the real Shiv Sena political party when rival factions emerged on 21st June 2022." pic.twitter.com/ap02jTodPl

— ANI (@ANI) January 10, 2024

Maharashtra Assembly speaker Rahul Narwekar said, "In view of the evidence and records before me, prima facie indicates that no elections were held in the year 2013, as well as in the year 2018. However, I, as the speaker exercising jurisdiction under the 10th schedule, have limited jurisdiction and cannot go beyond the record of the ECI as available on the website, and hence, I have not considered this aspect while determining the relevant leadership structure. Thus, given the above conclusions, I find that the leadership structure of Shiv Sena reflected in the letter dated 27th February 2018, available on the website of the ECI, is the relevant leadership structure which has to be taken into account for the purpose of determining which faction is the real political party..."

"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 can not 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," said Speaker.

"No consensus on the constitution submitted to the ECI. The parties have different points of view. 2018 is the relevant constitution. It has to be considered as it was relied upon by both the factions." "There are preliminary issues related to all six groups categorised for the bearing." "I will prima facie determine who is the political party as per the SC directives," said Narwekar while delivering the verdict.

Speaker Rahul Narvekar expresses gratitude to the Supreme Court and staff of the legislature ahead of the results.

Earlier on Wednesday, Maharashtra Chief Minister Eknath Shinde said, "I just want to say that we have a majority: 67% in Vidhan Sabha and 75% in Lok Sabha. We have 13 MPs and 50 MLAs. Based on this majority, the Election Commission (EC) has recognized us as the original Shiv Sena and allotted the bow-arrow symbol."

#WATCH | Mumbai: On MLA disqualification verdict, Maharashtra CM Eknath Shinde says, "I will give an official statement after 4pm. I just want to say that we have a majority. 67% in Vidhan Sabha and 75% in Lok Sabha. We have 13 MPS and 50 MLAs. Based on this majority, the… pic.twitter.com/NtGHjGjgQW

— ANI (@ANI) January 10, 2024

Shiv Sena UBT group leader Sanjay Raut held a press conference in Mumbai questioning the timing of an upcoming visit of Prime Minister Narendra Modi to the state ahead of the Lok Sabha polls in 2024. He also alleged that PM Modi is "well aware" of the verdict in advance, Raut said Chief Minister is "illegally" running the government.

Meanwhile, The disqualification petitions against the rebel MLAs were filed by Sunil Prabhu, the Shiv Sena party Whip appointed by Uddhav Thackeray, on June 23, 2022, after the MLAs revolted against Thackeray. The notices of disqualification were issued by Deputy Speaker Narhari Zirwal in the absence of the Speaker. On June 29, 2022, the top court gave a go-ahead to the floor test in the Maharashtra Assembly on June 30. It had refused to stay the Maharashtra Governor's direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House on June 30. After the apex court's order, Uddhav Thackeray announced his resignation as the Chief Minister and Eknath Shinde was later sworn in as the Chief Minister.