Read Time: 09 minutes

Synopsis

Maharashtra Assembly Speaker Rahul Narwekar has held that the faction led by Maharashtra Chief Minister Eknath Shinde is the real Shiv Sena. 

Narwekar said that the Former Chief Minister Uddhav Thackeray had no authority to remove Eknath Shinde from the party leadership

"I hold that the Shinde faction was the real Shiv Sena political party when rival factions emerged on 21 June 2022. Shinde faction had an overwhelming majority of 37 of 55 MLAs when rival factions emerged," the speaker said.

The Assembly speaker dismissed petitions filed by the Uddhav Thackeray faction seeking the disqualification of members from the Shinde faction.

The speaker also rejected petitions filed by the Uddhav faction seeking the disqualification of Shinde faction members for defiance of the party whip.

Furthermore, Narwekar dismissed petitions filed by the Shinde faction, BJP members, and an independent member seeking the disqualification of members from the Uddhav faction, citing inconsistencies in the response to the service of the whip.

The speaker observed that the tenth schedule is not a deterrent to stifle the collective dissent of large members. 

"The Ground of Shinde faction making anti-party and anti-coalition statement from media reports is hearsay. if members go overboard and make statements leading to indiscipline, then the party can take care of such members either by warning or suspension. The tenth schedule is not devised for intra-party disputes. It is not a deterrent to stifle the collective dissent of large members. In a given case, when a tussle for leadership arises, they are compelled to choose sides. Whatever else may be the consequences, party members cannot expect high offices of the speaker can be used to stifle dissent within the party," the speaker said. 

The week Shiv Sena faction led by Uddhav Thackeray filed an application in the Supreme Court bringing to its notice the Assembly Speaker's meeting with Maharashtra Chief Minister Eknath Shinde on January 7, ahead of him pronouncing the verdict in the disqualification petitions, terming it as "highly improper". 

In June 2022, Eknath Shinde had moved the Supreme Court asking a direction to the Deputy Speaker to not take any action in the Disqualification Petition moved by Shiv Sena, seeking disqualification of Shinde and other MLAs.

A vacation bench of Justices Surya Kant and Pardiwala had extended time granted by the Deputy Speaker to  Eknath Shinde and other MLAs to file their response in their disqualification petition. 

Sunil Prabhu, the erstwhile Chief Whip of Shivsena and a Member of the Maharashtra Legislative Assembly had moved the Supreme Court under Article 32 of the Constitution challenging the Governor's communication to hold a floor test on June 30, 2022. The Supreme Court, however, refused to stay the floor test in Maharashtra on June 30, 2022. 

After the hearing in the Supreme Court on June 29, 2022, Bharat Gogawale, the Shivsena MLA from Mahad, filed an application seeking to suspend Eknath Shinde and other 'delinquent MLAs' from the membership of the Maharashtra Legislative Assembly, as an interim measure, till their disqualification petitions are finally decided. The vacation bench, however, refused the urgent listing of the plea. 

Eknath Shinde took oath as the Chief Minister of Maharashtra on June 30, 2022. Subsequently, on July 3, 2022, a floor test was conducted and he emerged successful. His camp moved a plea for the disqualification of Shiv Sena MLAs, who did not vote for Shinde at the floor test. 

In July 2023, Uddhav Thackeray's Shiv Sena approached the Supreme Court seeking a direction to the Maharashtra Assembly Speaker to decide the pending disqualification petitions against Chief Minister Eknath Shinde and other MLAs in a time-bound manner, preferably within two weeks.

In a fresh writ petition, party leader Sunil Prabhu contended the Speaker has not convened any meeting with regard to the disqualification petitions despite three representations sent to him after the Supreme Constitution bench's May 11 order to him decide the matter within a reasonable period.

Supreme Court had granted an extension of 10 days to Maharashtra Assembly Speaker Rahul Narwekar in deciding the disqualification petitions filed by Uddhav Thackeray-led faction of Shiv Sena and decide the petition by 10th January

Earlier, the bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra had directed the Speaker to decide the petitions by December 31, 2023.

Solicitor General Tushar Mehta requested the bench for a three-week extension from December 31, 2023.

In May 2023, The Supreme Court held that the Governor of Maharashtra was correct in calling upon Eknath Shinde, the current Chief Minister of Maharashtra, who represented BJP as the largest party at that moment, to form the government in the state.