In a significant ruling, Maharashtra Speaker Rahul Narwekar declared that the Eknath Shinde faction of Shiv Sena is the legitimate party, dismissing disqualification petitions against its MLAs. Narwekar emphasized that the Shinde faction had a majority of 37 out of 55 MLAs when rival factions emerged in June 2022. Original Shiv Sena
The speaker’s decision included the dismissal of disqualification petitions filed by the Uddhav Thackeray faction against Shinde’s MLAs and vice versa. Narwekar stated that Bharat Gogavale was validly appointed as the party whip, and Eknath Shinde as the leader.
Notably, Sunil Prabhu ceased to be the whip of the party when the rival factions surfaced, according to Narwekar. He clarified that Prabhu had no authority to call a meeting of the Shiv Sena Legislature Party (SSLP), as the WhatsApp message for the meeting was sent less than 12 hours in advance, without proper notice to Shinde faction members.
Narwekar highlighted that non-attendance of party meetings and expressing dissent outside the legislature should be considered matters of party, protected by freedom of speech and expression. Consequently, he rejected the disqualification of 40 members from the Eknath Shinde faction.
The ruling came on 34 petitions filed by the two Shiv Sena factions against each other, seeking the disqualification of 54 Assembly members due to alleged non-compliance with party orders. The split in the party occurred in June 2022, leading to a legal battle between the factions.
The Chief Justice of India DY Chandrachud and a Constitution Bench had mandated the Speaker to decide on the disqualification petitions by December 31, following allegations of delayed proceedings. Narwekar’s decision aligns with this directive.
Eknath Shinde’s faction argued that their MLAs never received a whip, asserting no violation occurred. They also expressed discontent with the Maha Vikas Aghadi alliance, justifying their withdrawal without violating legislative rules.
In response, Uddhav Thackeray’s faction contended that the rebels did not communicate their opposition when the MVA was formed. Senior Advocates Mahesh Jethmalani, Anil Singh, Pradeep Sancheti, and others represented the Shinde faction, while Devadatt Kamat and Rohit Sharma represented the Thackeray faction. Senior Advocate Nikhil Sakhardande appeared for independent MLAs involved.
Narwekar’s verdict not only settles the internal rift within Shiv Sena but also underscores the Speaker’s authority to decide disqualification petitions promptly, as established by the Constitution Bench. The complex case sheds light on the intricacies of party dynamics, legislative rules, and the delicate balance between dissent and party discipline.
