The Shiv Sena (UBT) has made the decision to contest the verdict of Maharashtra Assembly Speaker Rahul Narwekar in the Supreme Court. Narwekar’s ruling favored Chief Minister Eknath Shinde-led party, declaring it as the authentic Shiv Sena.
Narwekar cited the absence of authority in Thackeray faction’s chief whip Sunil Prabhu to issue the whip as a key factor in his decision.
In the event of the Sena (UBT) faction challenging the order in the apex court, the central issue will be the maintainability of the plea. The court may either admit or dismiss the plea, choosing not to intervene in the matter.
Supreme Court lawyer Nipun Saxena highlighted, “The decision passed by the Speaker is being challenged, but it may face an initial impediment as to its maintainability. Since the other side would argue that the Speaker’s decision, which is, in fact, part of the proceedings of the legislature, cannot be challenged in any court by virtue of constitutional restriction under Article 212.”
Saxena added that it could also be argued that the losing faction should have approached the High Court instead of directly approaching the Supreme Court. “However, as per another Supreme Court decision in the Raja Rampal case, the power of judicial review shall extend to the decision of the Speaker as well. Which means the Supreme Court can hear the matter,” he explained.
Implications for Eknath Shinde:
Chief Minister Eknath Shinde gains a crucial endorsement in his ongoing political feud with Uddhav Thackeray as the Assembly Speaker affirms his claim on Shiv Sena. Shinde’s political destiny hinges on the upcoming Supreme Court verdict regarding the disqualification issue, with the Thackeray faction poised to challenge Narwekar’s decision. Shinde may lead the ruling alliance in the upcoming Lok Sabha elections, depending on the court’s decision. A favorable Supreme Court ruling could position him as the leader for state assembly elections later in the year, with the potential to reclaim the chief ministerial role if the alliance secures victory. Conversely, a legal setback would necessitate his resignation as chief minister, paving the way for a contest against the jubilant Uddhav Thackeray-led faction in the assembly elections.
Challenges for Thackeray faction:
For the Thackeray faction, Narwekar’s verdict was anticipated, and they are banking on the Supreme Court’s decision on the disqualification issue. A positive ruling from the apex court could revitalize Uddhav Thackeray’s leadership and aid in the party’s reconstruction. In anticipation of a potential delay in the Supreme Court’s decision beyond the Lok Sabha elections, Thackeray’s supporters may leverage Narwekar’s verdict to garner sympathy for their leader, framing Shinde’s actions as a BJP-backed usurpation of Balasaheb’s party. However, if the Supreme Court ruling on the Election Commission’s decision is delayed, Thackeray might have to contest the Lok Sabha elections without a party name and symbol.
Continued legal and political Battle:
Wednesday’s verdict is just another chapter in the protracted legal battle between Shinde and Thackeray, initiated by Shinde’s faction in June 2022. Both factions are expected to persist in their acrimonious legal and political clashes throughout the year.
Devendra Fadnavis and BJP’s perspective:
For Deputy Chief Minister and senior BJP leader Devendra Fadnavis, the verdict signals the culmination of a major battle in which he played a significant role. Fadnavis and the BJP are likely to leverage the verdict to assert the legitimacy of the Shiv Sena split. However, it also means that Shinde will continue to lead the state until the Supreme Court decides on the matter.
