Maharashtra speaker gives verdict on Sena vs Sena MLAs disqualification case: Key points

NEW DELHI: In a setback for the Uddhav Thackerary-led faction (UBT), Maharashtra assembly speaker Rahul Narwekar on Wednesday recognised the group led by chief minister Eknath Shinde as the "real Shiv Sena" and dismissed all the disqualification petitions filed against the 16 ruling MLAs.
Narwekar, who was directed by the Supreme Court to decide on the matter, also dismissed the Shinde faction's disqualification petitions against 14 MLAs from the Uddhav's camp.
Here are the highlights of the ruling:
* The CM Eknath Shinde-led faction was the real Shiv Sena when the split happened and rival groups emerged in 2022, the Maharashtra speaker ruled.
* Narwekar held that the Shinde faction had support of 37 MLAs on June 21, 2022. Hence, the Shinde faction was the real Shiv Sena and the real political party. He added that Sunil Prabhu seized to be the whip after the split and Bharat Gogawale’s appointment as the new chief whip was valid.
* In his ruling, speaker Narwekar held that the 14 MLAs from Uddhav Thackeray's faction are also not disqualified.
* The speaker rejected Uddhav faction's plea that MLAs who did not attend the party meeting on June 21, 2022 should be disqualified. "Sunil Prabhu seized to be the whip and had no authority to call a meeting of the Shiv Sena Legislature Party. Thus, Shinde faction members are not liable to be disqualified," he said.
* Disqualification petitions were filed against the following MLAs: Eknath Shinde, Sanjay Shirsat, Bharat Gogawale, Sandipan Bhumre, Tanaji Sawant, Abdul Sattar, Lata Sonawane, Yamini Jadhav, Prakash Surve, Anil Babar, Balaji Kinnikar, Mahesh Shinde, Chimanrao Patil, Ramesh Bornare, Sanjay Raimulkar and Balaji Kalyankar.
* In his verdict, Narwekar held that the Shiv Sena constitution of 1999 given by the Eknath Shinde faction as the party constitution was the valid one, adding that he cannot accept the 2018 constitution submitted by Uddhav faction.
* He also said that Uddhav did not have power to remove any leader from the party, referring to Shinde.
* Earlier in his verdict, the speaker said that the Shiv Sena constitution is relevant to the extent of identifying leadership structure.
* The 2018 leadership structure was not in conformity with the constitution of the Shiv Sena (of 1999 which is relied upon). This leadership structure can not be taken as the yardstick to determine which faction is a real Shiv Sena political party, the speaker said.
* Maharashtra speaker: The leadership structure of Shiv Sena reflected in the letter dated February 27, 2018 available on the website of the Election Commission is the relevant leadership structure which has to be taken into account for the purpose of determining which faction is the real political party.
* The speaker held that the two factions in Shiv Sena emerged on June 21, 2022 and this was brought on record of the legislature on June 22, 2022.
* Later, the Uddhav faction said that it will approach the Supreme Court against the speaker’s order on the MLAs’ disqualification case.

In June 2022, Eknath Shinde and 39 other Shiv Sena MLAs, out of a total of 56 legislators, rebelled against then-chief minister Uddhav thackeray, causing a vertical split in the 57-year-old party.
The rebellion led to the downfall of the MVA government, which also included the NCP and the Congress. Shinde, who had joined hands with BJP, assumed power in the state.
Following the split in Shiv Sena, both the Shinde and Thackeray factions filed cross-petitions before the Maharashtra speaker's office, seeking the disqualification of each other's MLAs based on anti-defection laws.
The Supreme Court directed the speaker in May last year to promptly address these petitions.
The apex court had originally set a deadline of December 31, 2023 for the speaker to deliver the verdict. However, this date was later extended to January 10, 2024.
Meanwhile, last year, the Election Commission gave the 'Shiv Sena' name and 'bow and arrow' symbol to the Shinde-led faction in a big boost to the CM-led group.
The Sena headed by Thackeray, called Shiv Sena (UBT), was given a flaming torch as its symbol.
In July last year, the Ajit Pawar faction of the NCP also joined the Shinde-led government, causing a Sena-like split in the Sharad Pawar-led party.
Timeline of events
Jan 23, 2018: Uddhav Thackeray becomes Shiv Sena president.
Oct 2019: Sena and BJP contest elections together.
Nov 2019: Sena forms Maha Vikas Aghadi govt with Congress and NCP.
June 2022:
- Sena splits into two factions after a rebellion by Eknath Shinde.
- Conflicting resolutions and appointments cause chaos.
- Disagreements lead to petitions for disqualifications.
July 2022:
- Shinde files for Sena symbol allocation.
- Legal battles over disqualifications escalate in Supreme Court.
June 27, 2022: SC extends reply time for disqualification notices.
June 28, 2022: Fadnavis questions Thackeray's majority.
June 30, 2022: Uddhav resigns; Shinde claims CM position.
July 4, 2022: House shows confidence in Shinde's leadership.
July to October 2022:
- Multiple disqualification petitions filed.
- Speaker issues notices for disqualification cases.
Oct 31, 2022: SC instructs Speaker to decide on cross-petitions by Dec 31, 2023.
Dec 15, 2022: SC extends Speaker's deadline to Jan 10, 2024.