Maharashtra Assembly Speaker has confirmed that the faction led by Chief Minister Eknath is the real Shiv Sena.
Maharashtra is once again in the news. Assembly Speaker Rahul Narvekar has also confirmed that the faction led by Chief Minister Eknath Shinde is the real Shiv Sena. Along with this, he has also rejected the petitions disqualifying the MLAs of this group. This has not only made Eknath Shinde’s government safe, it has also confirmed the decision of the Election Commission that the faction led by Eknath Shinde in Shiv Sena is the real Shiv Sena.
The Speaker of the Assembly has also given his much awaited decision on the basis of almost the same arguments on the basis of which the Election Commission of India i.e. ECI had said this. Let us know what these arguments are.
Made basis of Supreme Court’s decision
In fact, when the Election Commission had given this decision, it had said that it examined the matter at several levels on the basis of the instructions given by the Supreme Court in a 1971 case. In 1971, the case of Sadiq Ali vs Election Commission came before the Supreme Court. To find a solution to this matter, the Supreme Court had said that if there are two factions of any political party and there is a dispute between them, then the decision to settle it will be taken on the basis of majority of the members of the organizational and legislative wings.
Put the arguments of both groups to the test
Based on the decision of the Supreme Court, the Election Commission tested the claims of Eknath Shinde faction and Uddhav Thackeray faction in Maharashtra on the test of logic. It was argued by Eknath Shinde’s group that Shiv Sena has deviated from its own target by forging alliance with parties of other ideologies. At the same time, the Uddhav Thackeray faction had said that Article 5 of the party’s constitution states that Shiv Sena will be dedicated to secularism, national interest and socialism on the basis of logic.
On the basis of this test, the Election Commission had said that no result is coming out on the basis of this logic, because both the groups of Eknath Shinde and Uddhav Thackeray are claiming to follow the Constitution of Shiv Sena.
Argument for amending the party constitution
It was argued on behalf of Uddhav Thackeray that Eknath Shinde’s group has not accepted the amendment made in the party’s constitution in 2018. In fact, the formation of another group in the party and its claim on the entire party should come within the ambit of the party’s constitution. Therefore his group is the real Shiv Sena. If Eknath Shinde’s group wants, it can form a separate party. However, then Eknath Shinde’s group had said that Shiv Sena cannot depend on the test of the Constitution. The amendments made in 2018 were not democratic. These changes were made in an undemocratic manner.
Amendment in Shiv Sena’s constitution is not democratic
After examining the arguments of both of them, the Election Commission found that even though Uddhav’s group seems to be more dependent on the Shiv Sena’s constitution, in reality the amendment made in it was not democratic. The Election Commission had said that not much information has been given by the Uddhav Thackeray faction of Shiv Sena regarding when the elections were held to amend the party’s constitution and how the appointments were made. The Commission had also said that all powers should not be in the hands of only one person. Therefore it is not democratic. That is, in a way, the Election Commission had approved the argument of Eknath Shinde’s group that the 2018 changes in the party’s constitution were not democratic.
Eknath Shinde’s group gets majority in the legislature
The Election Commission tested the claims of both the groups on the test of another argument. He saw which group had the majority. That is, which of the two groups got more votes and whose members were elected in the Assembly, Lok Sabha and Legislative Council. Eknath Shinde’s group had the upper hand in numbers because it had more MLAs and MPs. The votes were also more in favor of this group.
The Election Commission found that the results of numerical strength show that there was no serious opposition from any side regarding this. It was also said that both sides are claiming majority on the basis of numbers in the organization but this is not satisfactory. More confidence is possible in counting the numbers of the legislature. And it is clear that Eknath Shinde group has more numbers in the legislature and on this basis they are ahead.
Only the party constitution of 1999 is valid
On the basis of these arguments, the Election Commission had decided that Eknath Shinde’s group is the real Shiv Sena. After this, the Assembly Speaker also approved it after a long hearing process and instructions from the Supreme Court. He said that the Shiv Sena chief does not have the right to remove any leader in the party. Only the 1999 party constitution submitted by the party to the Election Commission is actually valid and is appropriate to decide on such an issue.
Uddhav had removed Eknath Shinde, not the party.
The Assembly Speaker said that it is not right for the Uddhav Thackeray group to claim the decision on the basis of the 2018 constitutional amendment. According to the 1999 constitution of Shiv Sena, the National Executive of the party is the supreme body. Therefore, this argument cannot be accepted that the wish of the party head and the wish of the party are the same. Therefore, party chief Uddhav Thackeray’s decision to remove Eknath Shinde from the post of Shiv Sena legislature party leader cannot be considered a party decision. Along with this, he rejected the petition filed by the Uddhav Thackeray group to disqualify 16 MLAs of his group including Eknath Shinde. Besides, the petition of Eknath Shinde faction, which had demanded disqualification of 14 MLAs of Uddhav faction, was also rejected.
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