Hearing in Supreme Court today on Uddhav’s petition: Challenge to the decision declaring Shinde faction as real Shiv Sena and MLAs eligible.

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  • Uddhav Thackeray; Shiv Sena MLA Disqualification Case Hearing Update | Eknath Shinde

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Maharashtra Assembly Speaker Rahul Narvekar had declared Shinde faction as the real Shiv Sena on January 10.  - Dainik Bhaskar

Maharashtra Assembly Speaker Rahul Narvekar had declared Shinde faction as the real Shiv Sena on January 10.

The petition of former Maharashtra Chief Minister and Shiv Sena (UBT) chief Uddhav Thackeray will be heard in the Supreme Court on Monday (April 8). Uddhav has challenged the decision of Maharashtra Speaker Rahul Narvekar calling Chief Minister Eknath Shinde’s faction as the real Shiv Sena and its MLAs as eligible.

In the last hearing on March 7, the Supreme Court had raised questions on the Speaker’s decision and said, “Is your decision not against our decision of May 2023?” In fact, in May 2023, the Supreme Court had stopped deciding the dispute on the basis of the number of MLAs in the Assembly.

The bench of Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra had ordered the Speaker to submit all the documents related to Uddhav’s petition. Also, a reply was sought from Shinde group by 1st April.

Shinde had rebelled against Uddhav in June 2022
Shiv Sena MLA Eknath Shinde along with 39 other party MLAs had rebelled against Uddhav in June 2022. Shinde formed the government in the state with the BJP and himself became the Chief Minister.

After this Shinde staked his claim on Shiv Sena. The Uddhav faction alleges that Shinde seized power unconstitutionally and is leading the government. Both the groups had filed 34 petitions demanding disqualification of all 54 MLAs of each other.

On January 10, Rahul Narvekar had described Shinde faction as the real Shiv Sena. Also, all the petitions demanding disqualification of 40 MLAs of Shinde group and 14 MLAs of Uddhav group were rejected.

3 important things about Rahul Narvekar’s decision…

  • When the party split in June 2022, the Shinde faction had the support of 37 out of the total 54 Shiv Sena MLAs. Therefore that is the real Shiv Sena.
  • The decision to remove Shinde from the post of legislature party leader was Uddhav’s, not the party’s. According to Shiv Sena constitution, he alone cannot expel anyone from the party.
  • Shinde faction’s demand to disqualify 14 MLAs of Uddhav faction rejected. The Shinde faction only made allegations and did not provide evidence to support them.

The Election Commission also considered the Shinde faction as the real Shiv Sena. After the Speaker’s decision, the Election Commission also declared the Eknath Shinde faction as the real Shiv Sena on 16 February 2023. Also, Shinde faction was given permission to use the name and symbol (bow and arrow) of Shiv Sena. The Uddhav faction had challenged the Election Commission’s decision in the Supreme Court. The Supreme Court had asked Speaker Rahul Narvekar to decide on this.

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