Here's Why Shinde Faction Challenged Maharashtra Speaker's Decision In Bombay HC

Why Shiv Sena faction led by Maharashtra Chief Minister Eknath Shinde faction moved the Bombay High Court against Maharashtra Speaker Rahul Narwekar's January 10 decision on disqualification petitions

Shiv Sena faction led by Maharashtra Chief Minister Eknath Shinde faction on Monday moved the Bombay High Court against Maharashtra Speaker Rahul Narwekar's decision on cross-petitions for disqualification filed by Shinde faction and Thackeray faction against each other.

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

Narwekar ruled that the Shinde faction was the real 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 decision in the Supreme Court on Monday. Read more

But why has the Shinde faction challenged the decision?

The Speaker had also dismissed the disqualification petitions filed by the Shinde faction against Shiv Sena (UBT) MLAs on procedural grounds. Narwekar ruled that no material was given to substantiate the claim by Shinde faction that MLAs in Thackeray faction had voluntarily given up membership of the party.