Maharashtra Politics / Big decision on disqualification of MLAs in Maharashtra - Speaker considered Shinde faction as real Shiv Sena

Maharashtra Politics: While giving the verdict on the disqualification case of 16 Shiv Sena MLAs, the Speaker of Maharashtra Assembly termed Shinde faction as the real Shiv Sena. Assembly membership of 16 MLAs of Shinde faction will remain intact. The Speaker has declared him eligible. The future of the Eknath Shinde government depended on this decision of the Speaker. According to the information, Speaker Rahul Narvekar had prepared a judgment of 1200 pages. Today's decision has come in favor of Shinde faction, this has dealt a big blow to Uddhav Thackeray's party.

Celebration in Shiv Sena (Shinde faction) office

Celebratory atmosphere in the office of Shiv Sena-Shinde faction in Mumbai after Maharashtra Assembly Speaker described Shinde faction as the real Shiv Sena. Workers distributed sweets.

The decision is as per rules and law – Ramdas Athawale

Union Minister Ramdas Athawale said, "The decision given by the Maharashtra Assembly Speaker is as per the rules and law. Eknath Shinde has 37 MLAs through 2/3 majority, hence the Election Commission has also declared Shinde's Shiv Sena as the real party." Agreed... Uddhav Thackeray has suffered a major shock."

Shinde faction of Shiv Sena is the real Shiv Sena-speaker

Shinde faction of Shiv Sena is the real Shiv Sena. Shinde faction has the support of 37 MLAs. Maharashtra Assembly Speaker Rahul Narvekar said, “When the rival faction was formed on June 21, 2022, the Shinde faction was the real Shiv Sena political party.”

Uddhav does not have the power to suspend Shinde – Speaker

'The constitution of the party presented by both the groups is different. The Election Commission has the Shiv Sena constitution of 1999. And this is what we will accept. There is no mention of party chief in the original constitution of Shiv Sena. Uddhav Thackeray cannot expel anyone from the party. Uddhav did not have the power to suspend Shinde. Only the National Executive can remove anyone.

Shiv Sena's 1999 constitution was kept in mind - Speaker

Maharashtra Assembly Speaker Rahul Narvekar said, "Shiv Sena's 2018 amended constitution cannot be considered valid as it is not on the record of the Election Commission of India...As per record, I have accepted Shiv Sena's 1999 constitution as a valid constitution." Taking into account..."

Thackeray group made illegal changes in the party constitution - Speaker

Rahul Narvekar said - Both the factions cited different constitutions of the party, the constitution of the party given by the Uddhav Thackeray faction was not dated, hence it was not accepted. The Thackeray group made illegal changes in the party constitution and that is invalid. In 2023, Shinde faction made correct changes in the Constitution, hence the same will be accepted. Elections were not held in 2013 and 2018 also.

10 big things about the speaker's decision

1. Delivering his verdict, Speaker Rahul Narvekar said that Shiv Sena's 2018 amended constitution cannot be considered valid as it is not on the records of the Election Commission of India. For the record, I have taken into account the 1999 Constitution of Shiv Sena as the valid Constitution. The argument of the Uddhav Thackeray faction to consider the 2018 Constitution of Shiv Sena cannot be accepted.
2. Rahul Narvekar said that in my view the 2018 leadership structure (submitted with the ECI) was not as per the Shiv Sena constitution. According to the party constitution, the Shiv Sena party chief cannot remove anyone from the party. Therefore, Uddhav Thackeray removed Eknath Shinde or any party leader from the party as per the party constitution. Therefore, removal of Eknath Shinde by Uddhav Thackeray in June 2022 is not acceptable on the basis of Shiv Sena constitution.
3. Maharashtra Assembly Speaker Rahul Narvekar said that there is no agreement on the constitution submitted to the Election Commission by both the parties (two factions of Shiv Sena). The two parties have different views on the leadership structure. I have to decide the relevant constitution keeping in mind the leadership structure that existed before the dispute. The Constitution of Shiv Sena is relevant to identify the limits of the leadership structure.
4. In the records of the Election Commission, the constitution of Shiv Sena is the real constitution, which will be called the constitution of Shiv Sena. Cannot accept the argument of the petitioner (Uddhav faction) that the 2018 party constitution should be relied upon.
5. Rahul Narvekar said the Uddhav Thackeray faction has not placed any material on record or even suggested that any meeting of the national executive was called where any decision was taken about the actual political party.
6. The leadership structure of 2018 was not in line with the Shiv Sena constitution (which is relied upon in 1999). This leadership structure cannot be taken as a criterion to determine which faction is the real Shiv Sena.
7. Maharashtra Assembly Speaker Rahul Narvekar said that when the rival faction was formed on June 21, 2022, the Shinde faction was the real Shiv Sena political party. The Speaker said in his decision that the Shinde faction in the Assembly had the support of 37 out of 55 Shiv Sena MLAs.
8. Reading out his judgment on the disqualification petitions filed by the Shinde-led Shiv Sena and the rival faction led by Uddhav Thackeray against each other's MLAs, Narvekar also said that Sunil Prabhu of the Shiv Sena (UBT) would cease to be a whip with effect from June 21, 2022. .
9. The Assembly Speaker also said that the Shiv Sena 'chief' does not have the power to remove any leader from the party. He said the 1999 party constitution submitted to the Election Commission was the valid constitution to decide on the issues. He said that according to this Constitution the 'National Executive' is the supreme body.
10. While giving the verdict on the disqualification case of 16 Shiv Sena MLAs, the Speaker of Maharashtra Assembly termed Shinde faction as the real Shiv Sena. Assembly membership of 16 MLAs of Shinde faction will remain intact. The Speaker has declared him eligible. The future of the Eknath Shinde government depended on this decision of the Speaker. According to the information, Speaker Rahul Narvekar had prepared a judgment of 1200 pages. Today's decision has come in favor of Shinde faction, this has dealt a big blow to Uddhav Thackeray's party.