Sena Vs Sena issue: Uddhav Thackeray had no power to remove Eknath Shinde from the post of legislature party leader, says Speaker Narwekar
Uddhav Thackeray faction's amendment to the Shiv Sena constitution in 2018 cannot be accepted.
«Cannot accept petitioner’s (UBT) contention that the 2018 party constitution should be relied upon,» Narwekar said. Narwekar noted that no organisation elections were held in 2013 and 2018 in the Shiv Sena.
«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 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,» Narwekar said.
Earlier, Maharashtra Chief Minister Eknath Shinde said that Narwekar should give the verdict on merit.
The Election Commission of India allowed the Shinde faction to keep the name ‘Shiv Sena' and its ‘bow and arrow' symbol.
Shinde said his group has 67 per cent of the Shiv Sena lawmakers in the assembly and 75 per cent in Lok Sabha. “Some people allege match-fixing (between Shiv Sena and the speaker).
There is no substance to those allegations. The speaker should give judgment on merit,” he said.
The Supreme Court on December 15, 2023 allowed the Speaker till January 10 to pronounce the decision on disqualification petitions against MLAs, including Shinde.
Disqualification petitions were
