Maharashtra Assembly Speaker Rahul Narwekar on Wednesday delivered the verdict on the disqualification petitions against Chief Minister Eknath Shinde and several MLAs whose rebellion had split the Shiv Sena in June 2022.
Reading out the judgment, Rahul Narvekar said, "There is no consensus on the constitution submitted by both the parties (two factions of Shiv Sena) to the EC. The two parties have different points of view on leadership structure. The only aspect is the majority in the legislature party. I will have to decide the relevant constitution to be taken into account to the leadership structure that existed before the dispute...."
"Cannot accept petitioner’s ( Uddhav faction) contention that the 2018 party constitution should be relied upon," Narwekar said.
"As per the Apex court both the factions have submitted different versions of the constitution party, then in that case what has to be taken into account, the constitution which was submitted to the ECI with the consent of both parties before the rival factions emerged...Before recording further conclusion it is imperative to reiterate that pursuant to the initiation of this disqualification, the Maharashtra Legislative Secretariat had a letter dated June 7 2023, requesting the Office of ECI to provide a copy of the party constitution/memorandum/rules...," he said.
"The constitution of Shiv Sena provided by ECI is the relevant constitution of Shiv Sena for the determination of which faction is the real political party," the Speaker added.
"In my jurisdiction under the Tenth Schedule of the Constitution, I cannot delve into any other factor while deciding which is the relevant constitution. As prima facie, it is evident from the records of the ECI that the 1991 constitution is the one which was submitted to the ECI by the Shi Sena before rival factions emerged. Further, it is also necessary to mention that the petitioner's submission that the constitution of the year 2018 was submitted to the ECI by referring to the letter dated April 4, 2018, cannot be accepted," Rahul Narwekar said.
"Shiv Sena constitution relevant to the extent of identifying leadership structure...," said the Speaker.
"The 1999 constitution is the one which was submitted to Election Commission by Shiv Sena before rival groups were born," Rahul Narwekar said.
Uddhav Thackeray cannot suspend any leader from the party, the Speaker said adding that the Sena ‘pramukh’ does not have power to remove any leader from the party.
"The submission of Mr Kamat, the jurisdiction under the Tenth Schedule only mandates a prima facie adjudication as to what the leadership structure of the political party was at the relevant time, and it does not extend to an enquiry as to whether or not the leadership structure available on the record of the ECI was pursuant to a validly held election is a correct position, and hence I conquer with the same," Narwekar added.
The Assembly Speaker announced a crucial verdict on the cross-petitions submitted by different factions of the Shiv Sena, each seeking the disqualification of the other's MLAs following an internal party split. The outcome of this decision holds significant implications for the Eknath Shinde government and the rival groups within the regional outfit.
Uddhav Thackeray reacts
Saying they will now approach the Supreme Court, Uddhav Thackeray in his first reaction after Speaker's verdict said, "...I think he (speaker Rahul Narvekar) did not understand his responsibilities. Supreme Court provided a framework to be followed and even accepted our nomination of Chief Whip. I think the decision was beyond his understanding. Now we will see if the tribunal is above the Supreme Court...The people of the state do not accept this decision..."
Shiv Sena (UBT) intensifies its stance ahead of verdict
Ahead of the speaker's verdict, the Opposition Shiv Sena (UBT) intensified its stance, with party president Uddhav Thackeray stating that his party had submitted an affidavit to the Supreme Court, raising objections to a recent meeting between Chief Minister Eknath Shinde (whose disqualification is being sought) and Speaker Rahul Narwekar. The verbal exchanges between both sides added to the charged atmosphere.
The much-anticipated verdict over the disqualification plea of 16 MLAs by Speaker Narwekar comes more than 18 months after the Shiv Sena underwent a vertical split, leading to a change in leadership in the state.
"If the judge (Narwekar) is going to meet the accused, what should we expect from that judge," Thackeray asked, speaking to the media at his residence on Tuesday. The former Chief Minister of the state further said that the affidavit before the Supreme Court was filed on Monday, January 8.
Thackeray's ally and Nationalist Congress Party (NCP) founder Sharad Pawar, too, said that when someone who is hearing a case meets the person against whom the case is being heard, it "leaves room for doubt".
Hitting back, Narwekar said Thackeray should know for what purposes a speaker could meet a Chief Minister. "If he still levels such allegations, then his motive is very clear. There is no rule that a speaker, while hearing disqualification pleas, cannot do any other work," Narwekar contended.
Speaker Narwekar meets CM Shinde
Earlier on Sunday, Assembly Speaker Narwekar met Shinde at 'Varsha,' the official residence of the Chief Minister. Shiv Sena (UBT) leader Uddhav Thackeray highlighted that this meeting followed a previous one in October last year. The impending ruling by Narwekar carries significant weight, as Thackeray emphasised that it will determine the "existence of democracy" in the country or potentially witness a "murder" of democratic principles by the speaker and Chief Minister. Thackeray, who resigned as Chief Minister in June 2022 after the Shiv Sena split, asserted that it is unusual for the speaker to visit the Chief Minister.
In December 2023, the Supreme Court had granted an extension till January 10 for Narwekar to decide on the cross-petitions submitted by rival factions within the Shiv Sena, each seeking the disqualification of the other's MLAs. Deputy Chief Minister Devendra Fadnavis expressed confidence in the stability of the Shiv Sena-BJP-NCP (Ajit Pawar group) government and reiterated that the alliance government is legally constituted.
Fadnavis hopes for fair justice
Fadnavis also expressed hope that the Speaker's ruling would deliver justice to their cause. "The Speaker will take a proper and legal decision. Our side is strong. The government formed by us (BJP and Shiv Sena led by Shinde) is legally strong. We expect to get justice from the speaker. Our government was stable yesterday and it will remain stable tomorrow as well," he told reporters in Nagpur.
In June 2022, Shinde and several MLAs rebelled against the then-chief minister Thackeray, leading to a split in the Shiv Sena and fall of the Maha Vikas Aghadi, which also comprised the NCP and the Congress.
What's the matter?
Cross-petitions were filed by the Shinde and Thackeray factions before the Speaker seeking action against each other under anti-defection laws. The apex court in May last year had directed Narwekar to adjudicate on the pleas expeditiously.
The Election Commission had given the 'Shiv Sena' name and 'bow and arrow' symbol to the Shinde-led faction, while the one headed by Thackeray was called Shiv Sena (UBT) with a flaming torch as its symbol.
(With PTI inputs)
