In a significant development favoring Eknath Shinde, the Maharashtra Assembly Speaker, Rahul Narwekar, declared on Wednesday that the faction led by Shinde within the Shiv Sena was deemed legitimate. This ruling was grounded in the assertion that Shinde had the backing of the majority of party MLAs. Moreover, Speaker Narwekar asserted that the MLAs affiliated with the Shinde faction could not face disqualification. This decision stemmed from the Speaker's determination that Sunil Prabhu, then the Shiv Sena chief whip, lacked the authority to convene the legislature meeting.
The Speaker's deliberation pertained to disqualification petitions involving the rival factions within the Shiv Sena, totaling 34 in number, which were categorized into six distinct parts for examination.
While pronouncing the order, Speaker Rahul Narwekar emphasized the significance of considering the 1999 constitution of Shiv Sena, as the amended 2018 constitution had not been presented before the Election Commission. Notably, the 1999 constitution altered the power dynamics within the party, reducing the concentration of authority in the hands of the party chief. However, the amended constitution in 2018 reinstated the authority in the hands of the party chief.
Drawing from this analysis, the Speaker concluded that Uddhav Thackeray, as the Shiv Sena pramukh (president), lacked the authority to oust Eknath Shinde from the position of the leader of the legislative party.
The dispute arose from the Uddhav Thackeray faction's attempt to disqualify MLAs aligned with the Shinde faction, citing their non-attendance at the legislature party meeting convened by the then chief whip Sunil Prabhu on June 21. In response, the Shinde camp passed a resolution appointing Bharatshet Gogawale as the chief whip.
Addressing this contention, the Speaker ruled that Sunil Prabhu did not possess the authority to call the legislature party meeting. Consequently, the submission by the Uddhav faction that the rival MLAs did not attend the meeting was deemed untenable.
"On this ground, I hold that the Shinde faction cannot be considered disqualified since it is the authentic party, and Sunil Prabhu ceased to be the whip from the moment the faction emerged," declared Speaker Narwekar.
This verdict arrives after 18 months of Eknath Shinde's rebellion, where he, along with over 40 Shiv Sena MLAs, opposed then Chief Minister Uddhav Thackeray, leading to the downfall of the Maha Vikas Aghadi (MVA) government, inclusive of the Nationalist Congress Party (NCP) and the Congress.
Eknath Shinde subsequently aligned with the BJP, assuming the position of the new Chief Minister with Devendra Fadnavis as his deputy.
Cross-petitions were lodged by the Shinde and Thackeray factions before the Maharashtra Assembly Speaker, seeking action against each other under anti-defection laws. The Supreme Court, in May 2023, directed Speaker Rahul Narwekar to expedite the adjudication of these pleas.
It's noteworthy that the Election Commission assigned the 'Shiv Sena' name and 'bow and arrow' symbol to the Shinde-led faction, while the Thackeray-led faction was designated as Shiv Sena (UBT) with a flaming torch as its symbol.
In July of the preceding year, the Ajit Pawar faction of the NCP also joined the Shinde-led government, with Ajit Pawar assuming the role of Deputy CM alongside Devendra Fadnavis.
As the assembly polls in Maharashtra are slated for the latter half of 2024, the intricacies of these factional disputes within the Shiv Sena set the stage for a dynamic and closely-watched political landscape.
