Mumbai (Maharashtra): In a pivotal ruling on cross-petitions by Shiv Sena factions seeking the disqualification of rival group MLAs post a split in the party, Maharashtra Speaker Rahul Narwekar made a significant declaration on Wednesday. Narwekar asserted that the "Shinde faction was the real Shiv Sena when rival factions emerged."
During the verdict, Speaker Narwekar extensively analyzed the Shiv Sena constitution, emphasizing that the decision of the Paksha Pramukh cannot be equated to the decision of the political party.
"In my assessment, the 2018 leadership structure did not align with the Shiv Sena Constitution submitted to the ECI. As per the party Constitution, the Shiv Sena party chief cannot unilaterally remove any member from the party," stated the Speaker. "Therefore, Uddhav Thackeray's removal of Eknath Shinde or any party leader in June 2022 doesn't adhere to the Shiv Sena Constitution."
Also Read: https://www.thehawk.in/posts/maharashtra-tense-as-uddhav-and-speaker-narwekar-clash-ahead-of-crucial-sena-faction-verdict
Narwekar highlighted discrepancies in the 2018 leadership structure, indicating contradictory views and claims regarding majority representation in the leadership structure by both factions. He also pointed out the lack of evidence suggesting elections were held in 2013 and 2018.
"While I acknowledge these facts, my jurisdiction under the 10th schedule limits me to the records available on the ECI website. Hence, the absence of elections in 2013 and 2018 was not considered in determining the relevant leadership structure," clarified the Speaker.
Citing the 2018 letter available on the ECI website as the pertinent leadership structure, Narwekar emphasized the submission of different versions of the constitution by both factions. He underlined the significance of the constitution provided by the ECI in determining the true political faction.
"Given that Shiv Sena did not submit its constitution to the house speaker as required by legislature rules, I rely on the constitution provided by the ECI as the relevant document," he asserted. "The 2018 amended constitution does not hold validity as per the ECI records, and the 1999 constitution is considered valid. Consequently, the 2018 leadership structure cannot be the benchmark for determining the legitimate Shiv Sena faction."
The Supreme Court had mandated Maharashtra Legislative Assembly Speaker Rahul Narwekar to deliver his judgment on the Shiv Sena factions' disqualification petitions by January 10, which he has now fulfilled.
—Input from Agencies