Sena v. Sena: Shinde faction pledges to the electorate over the fall of the government


During the ongoing Shiv Sena MLAs disqualification case, senior advocate Mahesh Jethmalani, who is representing the Eknath Shinde faction, argued on Tuesday that Maharashtra Chief Minister Eknath Shinde cannot face disqualification for departing from the Maha Vikas Aghadi alliance. He asserted that Shinde was upholding the verdict of the people, as the Shiv Sena had contested the 2019 Maharashtra polls against the Congress and NCP.

Jethmalani emphasized that Shinde's commitment to the electorate surpassed the collapse of the government, adding that the departure from the MVA government was driven by a battle of ideologies. The legal proceedings revolve around petitions filed by rival factions against each other, seeking the disqualification of their respective MLAs.

The advocate pointed out that Uddhav Thackeray, the then Maharashtra Chief Minister, broke the pre-poll alliance between the BJP and Shiv Sena before the 2019 state elections. He alleged that Uddhav's pursuit of the chief ministerial position prompted the alliance's breakdown.

Addressing the events of June 2022, when Shinde and several MLAs left Maharashtra, Jethmalani argued that two legislative party meetings were convened by Sunil Prabhu (Uddhav faction) as Chief Whip. These meetings, Jethmalani contended, were not related to the political party, as Uddhav Thackeray was absent, and questioned the authenticity of the signatures on attendance sheets.

Responding to the Shinde faction's defense, Senior Advocate Devadatt Kamat, representing the Uddhav faction, alleged that the rebellion in June 2022 was preplanned. He claimed that the Shinde faction collaborated with the BJP to destabilize the government, accusing them of actively conspiring to topple the Maharashtra government led by Uddhav Thackeray.

Kamat argued that the Shinde faction MLAs not only challenged the party leadership by attempting to appoint their own group leader and chief whip but also orchestrated the government's downfall. He contended that the actions of the Shinde faction amounted to "voluntarily giving up membership of the political party."

In response, the Shinde faction argued that the Uddhav faction was evading details because the evidence favored them. The legal proceedings, involving cross-petitions for disqualification, were granted an extension until January 10 by the Supreme Court, with the original deadline set for December 31.


 

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