Sena vs Sena: Uddhav Moves Supreme Court Against Maharashtra Speaker Rahul Narwekar's Verdict

The Shiv Sena faction led by the Uddhav Thackeray on Monday moved the Supreme Court against Maharashtra speaker Rahul Narwekar dismissing disqualification petitions against Eknath Shinde and 38 MLAs. 

Maharashtra Assembly Speaker Rahul Narwekar pronounced his verdict on January 10 in favour of the Eknath Shinde faction of Shiv Sena on Wednesday. 

Narwekar said that he relied on the Supreme Court's judgment in the Subhash Desai case, and the jurisdiction of the Speaker in deciding defection petitions as provided by the 10th Schedule of the Indian Constitution, which deals with the anti-defection law.

The Speaker, while delivering his verdict, said he was of the view that the last relevant constitution of the Shiv Sena with the Election Commission of India was the one submitted in 1999, and not the 2018 one. The apex court had asked the Speaker to consider the relevant constitution to arrive at a decision.

Pronouncing the verdict in Shinde's favour, Narwekar said the Shinde faction was the real political Shiv Sena when the rival faction emerged on June 21, 2022, as it had the overwhelming majority of 37 of 55 MLAs. He further said that submission that decision of leadership structure has to be construed synonymous with will of party can be applied only if there was dispute between leader of the party and the members. In this case, there is vertical rift and two factions have emerged, and thus, leaders of both factions Thackeray and Shinde can equally claim will of political party.

The Speaker further ruled that Sunil Prabhu ceased to be the whip of the party since the rival faction emerged. He termed Eknath Shinde's appointment as the leader of Shiv Sena valid, and also upheld Bharat Gogavale's appointment as whip. The Thackeray faction has challenged this as well.

Speaking on the Speaker's decision, prominent Advocate and social activist Abha Singh told ABP Live that "the Speaker's verdict appears to overlook the original intent of the defection laws outlined in the 10th schedule. Section 2(1)(a) clearly stipulates that members can be disqualified if they voluntarily give up their party membership. The Speaker's decision not to disqualify the Shinde faction, despite their divergence from the alliance, challenges the fundamental principles of anti-defection laws. It prompts concerns about potential inconsistencies in the interpretation and implementation of the Tenth Schedule, which was designed to prevent arbitrary party-hopping."

"Additionally, the speaker’s verdict, despite the fact that the Shinde faction had no defence under the 10th schedule available to them as a split under rule 3 of the said section, is not a valid defence any longer, and they did not merge with a new alliance which would have provided them a legal defence of a merger under Rule 4 of the schedule. This is a prima facie attack on the fabric of democracy and the constitutional safeguards that protect it." Singh added. 

On January 9, the Shiv Sena faction led by Thackeray filed an affidavit to "place on record" in the Supreme Court, which it described as highly improper behaviour on part of the Speaker.

"It is respectfully submitted that it is highly improper for the Hon’ble Speaker to meet Sh. Eknath Shinde just three days prior to deciding the disqualification petitions, inter alia, filed against Sh. Shinde. The Speaker, as the adjudicating authority under the Tenth Schedule, is required to act in a fair and impartial manner. The conduct of the Speaker must inspire confidence and justify the constitutional trust reposed in its high office. However, the present act of the Hon’ble Speaker raises questions about the fairness and impartiality..." writ petition filed by Sunil Prabhu on behalf of Shivesena-UBT read.

The petition further added that "act of the Hon’ble Speaker in meeting Sh. Eknath Shinde just prior to the deadline for the decision at his residence is in violation of the legal maxim that justice should not only be done but should also be seen to be done."

On May 11, 2023, the Supreme Court ruled that the Maharashtra government led by CM Shinde would continue while stating that the court could not reinstate the Thackeray-led Maha Vikas Aghadi (MVA) coalition government as the latter resigned without facing a floor test. However, the top court pulled up then-Governor B.S. Koshyari’s for his move to call for a floor test to solve an intra-party dispute.

The court further directed the Assembly Speaker to decide on the disqualification petitions filed by both factions of Shiv Sena against each other.

On October 17, 2023, a Supreme Court bench headed by CJI DY Chandrachud pulled up the Maharashtra Speaker for delay in deciding on the pending disqualification petitions. The court directed the Speaker to lay down a timeline to resolve the cases. It also warned the Speaker that the court would set a timeline if he didn't.