'Will Rely On 1999 Party Constitution For...': Maha Speaker Rahul Narwekar In Sena-Vs-Sena Case

Maharashtra Speaker Rahul Narwekar while pronouncing the verdict on the Shiv Sena split case observed there is no consensus on the constitution submitted by both the factions.

While pronouncing the verdict on the cross-petitions filed by Shiv Sena factions seeking disqualification of each other's MLAs, Maharashtra Assembly Speaker Rahul Narwekar on Wednesday observed that that there is no consensus on the constitution submitted by both the parties (two factions of Shiv Sena) to the EC and the only aspect is the majority in the legislature party. "I will have to decide the relevant constitution to be taken into account to the  leadership structure that existed before the dispute. The 2018 amended constitution of Shiv Sena cannot be considered as valid as it's not in the records of the Election Commission of India. As per Supreme Court orders, I can not delve into any other factor on which the constitution is valid. As per records, I am relying on the 1999 constitution of Shiv Sena as the valid constitution," the Speaker said while pronouncing the verdict.

"In view of the evidence and records before me, prima facie indicates that no elections were held in the year 2013, as well as in the year 2018. However, I as the speaker exercising jurisdiction under the 10th schedule have limited jurisdiction and cannot go beyond the record of the ECI as available on the website and hence I have not considered this aspect while determining the relevant leadership structure. Thus, given the above conclusions, I find that the leadership structure of Shiv Sena reflected in the letter dated 27th February 2018 available on the website of the ECI is the relevant leadership structure which has to be taken into account for the purpose of determining which faction is the real political party," he said. 

The Speaker also rejected all the pleas seeking disqualification of the MLAs. "All the petitions seeking disqualification of MLAs are rejected. No MLA disqualified from any faction of Shiv Sena," he said. 

The Shiv Sena suffered a vertical split in June 2022 after Eknath Shinde along with several other legislators rebeled against the then Chief Minister Uddhav Thackeray toppling the Maha Vikas Aghadi government comprising Nationalist Congress Party and the Congress party. Following the crisis, cross-petitions were filed by Shinde and Uddhav-led camps seeking disqualification of MLAs from the both the side.

After the split, within the party, the Election Commission gave the name 'Shiv Sena' and 'bow and arrow' symbol to the Shinde-led faction, while Uddav camp was called Shiv Sena (Uddhav Balasaheb Thackeray) with a flaming torch as its symbol.  

In May last year, the Supreme Court directed Speaker Rahul Narwekar to adjudicate on the pleas expeditiously while maintaining the sanctity of the 10th Schedule of the Constitution. 

The 10th Schedule has been designed to prevent defection of elected and nominated MPs and MLAs from political parties on whose ticket they win, and contains stringent provisions against it under which they can be disqualified.

Earlier, the Supreme Court had set the deadline of December 31, 2023 for the Speaker to deliver his verdict in the case, but was subsequently extended till January 10. 

Ahead of the verdict, Maharashtra Chief Minister Eknath Shinde and Deputy Chief Minsiter Devendra Fadnavis exuded confidence saying that they had enough numbers stacked up in their favour and that their alliance was "legal".