Analysis
The Speaker’s decision not only saved the seats of 16 MLAs but also increased the stature of Eknath Shinde in the party.
 "DNA TV Show: How Maharashtra Speaker decided CM Eknath Shinde's party as 'real' Shiv Sena")
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Maharashtra Assembly Speaker Rahul Narwekar on Wednesday recognized Chief Minister Eknath Shinde’s party as the ‘real’ Shiv Sena in the Sena vs Sena case. Narwekar also rejected the Uddhav Thackeray faction’s petition to disqualify 16 MLAs of the ruling group, including Shinde.
But what is the basis of this decision? The speaker narrated the decision of the Election Commission regarding the constitution of Shiv Sena. In 2018, Shiv Sena made changes to the party’s constitution and concentrated all the powers in the hands of the party chief. According to this new constitution, the Shiv Sena chief was given the power to appoint all the officers in the party and dismiss anyone.
The Election Commission had said that this change was undemocratic and Shiv Sena did not inform the Election Commission about this. Therefore, considering the 1999 party constitution as valid, the ECI had declared the Shinde faction as the real heir.
Based on this decision of the poll body, Speaker Narvekar has approved the Shinde faction’s claim on Shiv Sena. That means the Uddhav group has no authority over Shiv Sena.
Moreover, Speaker Narvekar decided that 16 MLAs of the Shinde faction are eligible. That means their membership will remain intact.
Shiv Sena Chief Whip Sunil Prabhu had filed a petition to disqualify 16 MLAs of the Shinde faction. He claimed that the Shiv Sena meeting was called on June 21, 2022. and these 16 MLAs remained absent despite the whip being issued. While giving the verdict on this, Speaker Narvekar said that on June 21, 2022, when two opposing factions were formed in Shiv Sena, Shiv Sena Chief Whip Sunil Prabhu lost his post.
Therefore, he had no authority to call a meeting of Shiv Sena and issue a whip. Hence, Shinde faction was not bound to accept that Whip. The Speaker’s decision not only saved the seats of 16 MLAs, but also increased the stature of Eknath Shinde in the party. He will remain the Chief Minister.
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