Shiv Sena MLAs’ disqualification verdict: Why it matters to Uddhav, Shinde

All eyes are on Maharashtra Speaker Rahul Narwekar’s verdict on the disqualification petitions filed by the two rival Shiv Sena factions against each other. Narwekar, a Bharatiya Janata Party (BJP) MLA from Colaba in Mumbai, will announce his order at 4 pm on the 34 petitions that have been clubbed into six groups. His decision will seal the fate of a total of 54 MLAs from both the Shiv Sena camps. The verdict comes on the day of the Supreme Court’s 10 January deadline on the matter. In October, the top court had taken the Maharashtra Assembly Speaker to task for sitting on the petitions, saying he “can’t defeat the orders of the Supreme Court like this”. The previous deadline for delivering the verdict was 31 December 2023, which the apex court later extended to 10 January. What is the case and what is at stake for Uddhav Thackeray and his rival Sena faction leader Eknath Shinde? Let’s take a closer look. A brief recap of the case In June 2022, Eknath Shinde and a group of Sena MLAs rebelled against the then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray. Hours after the revolt, Uddhav’s camp approved a resolution removing Shinde as the leader of the Shiv Sena Legislature Party (SSLP) and replaced him with Ajay Choudhari. Sunil Prabhu was made the chief whip of the party. The Shinde group passed its own resolution confirming Shinde’s position as the leader of the legislature party and appointing Bharatshet Gogawale as the chief whip, according to Indian Express. Two days after the Sena split, Thackeray’s camp moved the apex court seeking the disqualification of 16 rebel MLAs including Shinde for failing to attend a party meeting convened by Prabhu. [caption id=“attachment_13597322” align=“alignnone” width=“640”] Uddhav Thackeray-led MVA government in Maharashtra fell in June 2022 after Eknath Shinde’s revolt. PTI File Photo[/caption] Another bunch of disqualification pleas was filed against 22 other MLAs of the Shinde Sena on 27 June 2022, reported Indian Express. Petitions were moved against two more MLAs later. On the other hand, the Shinde group approached the apex court seeking the disqualification of 14 legislators from the Uddhav camp. The revolt resulted in the fall of the tripartite MVA – comprising Uddhav Sena, Nationalist Congress Party (NCP) and Congress – in June 2022. In May 2023, the Supreme Court ruled that the then Maharashtra governor Bhagat Singh Koshyari’s decision asking the Thackeray government for a floor test was “wrong”. However, the court said it cannot restore the MVA government as Thackeray had resigned from the chief minister post without facing the floor test in the Assembly. The apex court also ruled that Assembly Speaker Narwekar’s decision to appoint Bharat Gogawale, backed by the Shinde camp, as the whip of the Shiv Sena party was “illegal”. It further said that the disqualification petitions have to be decided by the Maharashtra Assembly Speaker “within a reasonable time”. Arguments by both sides In July, Narwekar issued notices to 40 MLAs of the Shinde-led Sena and 14 legislators of the Thackeray camp, asking for their respone on disqualification petitions filed against them. However, the first hearing on the disqualification petitions started only in September. The Uddhav faction has sought the disqualification of Shinde Sena MLA as per the 10th Schedule for defection. They have argued that these lawmakers did not follow the whip issued by Prabhu. The 10th Schedule of the Constitution is meant to prevent the defection of elected and nominated members of Parliament and state legislatures from political parties they won elections from. It also defines strict provisions under which such lawmakers can be disqualified. As per Indian Express, the Shinde Sena has claimed that the MLAs did not receive any whip and no whip was issued. Thus, the question of disobeying the whip does not arise. The Shinde faction has justified the split by saying their supporters were unhappy with the MVA alliance. [caption id=“attachment_13597382” align=“alignnone” width=“640”] Maharashtra CM Eknath Shinde is seeking the seeking the disqualification of 14 Shiv Sena (UBT) legislators. PTI File Photo[/caption] Notably, the Election Commission recognised Shinde’s camp as the real Shiv Sena last February, giving it the ‘Shiv Sena’ name and ‘bow and arrow’ symbol. The group headed by Thackeray was given the name Shiv Sena (Uddhav Balasaheb Thackeray) with its symbol being a flaming torch. The EC’s order is unlikely to have any bearing on the Speaker’s decision on the disqualification pleas, sources told India Today. What will the verdict mean? Maharashtra Speaker Rahul Narwekar’s verdict is important as it comes just months ahead of the Lok Sabha elections as well as the state Assembly polls in the second half of the year. Whatever order he announces, the matter is likely to reach the courts again. In its verdict last May, the Supreme Court said that the Speaker must base his decision on the party’s original constitution. The top court also directed Narwekaer to ascertain which of the Sena factions is a political party without being influenced by the ECI order. “This is not a game of numbers, but of something more. The structure of leadership outside the Legislative Assembly is a consideration which is relevant to the determination of this issue. Thus, the adjudication of the Speaker on whether a member must be disqualified would also depend on the decision of the Speaker recognising one of the two (or more) Whips," the court said at the time. Constitutional expert Anant Kalse told Indian Express, “As per the 10th Schedule of the Constitution of India, the decision of the Speaker in disqualification is appealable in the High Court and Supreme Court because the concept of judicial review applies to the Speaker. So, ultimately, the SC is empowered to take a final decision.” According to Kalse, the Speaker would have to disqualify either Shinde camp MLAs or Uddhav’s group. Uddhav camp has garnered public sympathy after the Sena split. If his MLAs are disqualified, the former Maharashtra chief minister’s camp is expected to move the courts against the decision. Shiv Sena (UBT faction) leader Sanjay Raut has already alleged “match-fixing” in the case.

#WATCH | Mumbai: On Maharashtra Vidhan Sabha speaker Rahul Narwekar giving verdict in Shiv Sena MLA disqualification case, Shiv Sena (UBT faction) leader Sanjay Raut says, "Match-fixing is going on in this case. The CM is gong to Davos. He will no longer remain in office if this… pic.twitter.com/uiqEFeif3q

— ANI (@ANI) January 10, 2024

If the Shinde Sena MLAs are disqualified, it would be a setback for the ruling Shinde-led Maharashtra government. The rebelling lawmakers had claimed the move was according to the Constitution. It would also be a boost for the Opposition MVA before the upcoming elections. What are both sides saying? CM Shinde has expressed confidence that the Speaker’s decision would be based “‘on merit”, saying that his government was formed in “a perfectly legitimate manner”. “We have not done anything illegal. Our government was established as per rights given in the Constitution. Right from day one, we [Shinde-led Sena faction] have had majority, whether in the Legislative Assembly or in Parliament. Most of the MLAs and MPs are with our party,” he was quoted as saying by The Hindu. Deputy CM and BJP’s Devendra Fadnavis has said that the state government is “stable” and the Speaker’s decision would not affect it. The outcome would not affect the stability of the government as Ajit Pawar-led NCP is with the ruling alliance. On Tuesday (9 January), Shiv Sena (UBT) chief Thackeray filed an affidavit in the Supreme Court objecting to Narwekar’s meeting with CM Shinde on Sunday at the latter’s official residence. “It is highly improper for the Speaker to meet Eknath Shinde three days before deciding on the disqualification petition. The Speaker is required to act in an impartial manner. However, the present act of the Speaker raises questions about his fairness and impartiality in the decision-making process,” the affidavit read. Addressing a press conference, Thackeray questioned the “quality” of Narwekar’s verdict, saying what hope was there “when the judge goes to visit the accused”, The Hindu reported. Meanwhile, the Maharashtra Speaker has defended his meeting with the CM, remarking that his decision would “adhering to the Constitution”. “I am going to take an extremely legal, sustainable decision by which the people of this state will get justice,” The Hindu quoted him as saying. With inputs from agencies