The spotlight on the stability of the Maharashtra government intensifies as Assembly Speaker Rahul Narwekar is poised to deliver a verdict on Wednesday concerning the disqualification of Chief Minister Eknath Shinde and Shiv Sena MLAs. The verdict emanates from 34 petitions filed by both factions of the Shiv Sena and has been categorized into six groups.
The saga unfolded in June 2022 when Eknath Shinde and several MLAs rebelled against the then CM Uddhav Thackeray, leading to a split in the Shiv Sena and the subsequent collapse of the ruling Maha Vikas Aghadi government. Shinde later formed a government with the BJP, aligning with a breakaway faction of the NCP led by Ajit Pawar.
Both the Shinde and Thackeray factions have invoked the anti-defection law against each other, underscoring the contentious nature of the rift.
The Speaker's decision must discern the authentic Shiv Sena faction and identify the duly authorized leader of the party for the purpose of the disqualification petition.
Representing Shiv Sena Uddhav Balasahab Thackeray, senior advocate Devadatta Kamat argued for the disqualification of Eknath Shinde and other MLAs under the Tenth Schedule for defection. Kamat contended that Shinde and 38 MLAs rebelled against then CM Thackeray, aligning with the BJP against the party president's wishes.
Kamat sought Shinde's disqualification on two grounds under the 10th schedule: voluntary giving up membership of the Shiv Sena political party and disobedience of the party's direction.
The Election Commission, in a previous order, granted the 'Shiv Sena' name and 'bow and arrow' symbol to the Eknath Shinde-led faction, while Thackeray's camp received the name Shiv Sena (UBT) with a flaming torch symbol. Kamat emphasized that the EC's order would not impact the Speaker's decision, citing the Supreme Court's directive for a "prima facie determination" by the Speaker.
Central to the matter are amendments to Shiv Sena's constitution. The EC acknowledged the 1999 amendment, removing power concentration in the hands of the party chief. However, the Thackeray faction contends that the 2018 amendment reinstated power to the party chief, a claim disputed by the EC, stating the document was not submitted.
Senior lawyer Mahesh Jethmalani, representing the Shinde faction, argued that the 2018 party election never occurred, rendering decisions from it "illegal." The resolution of this issue rests with the Speaker, who must determine the authentic political party based on the Shiv Sena constitution amendments.
Kamat asserted that Shinde faction MLAs violated the party whip during the Speaker's election, while Jethmalani countered that whips were not applicable for that election.
The dispute also involves the appointment of the whip, with the Supreme Court deeming the appointment of Shinde faction MLA Bharat Gogawale as chief whip of Shiv Sena Legislative Party "illegal."
The UBT faction highlighted the alleged non-attendance of Eknath Shinde at two meetings called by Uddhav Thackeray in June 2022, a claim contested by Jethmalani, who argued that no proof of these meetings was provided.
The Speaker's decision will play a crucial role in determining the political landscape, with potential ramifications for the Maharashtra government's stability. The number of MLAs on each side and the complexity of legal arguments further add intricacy to this high-stakes scenario.
