Shinde faction is real Shiv Sena, rules Maharashtra Speaker: Top quotes from his verdict

Here are the top quotes from the verdict: 

1. 01

   'Shinde faction was real Shiv Sena when rival factions emerged'

   "I hold that the Shinde faction was the real political party when rival factions emerged on June 21, 2022," ruled Maharashtra Assembly Speaker Rahul Narwekar. Narwekar also said that Sunil Prabhu of the Sena (UBT) ceased to be the whip from June 21, 2022, and Bharat Gogawale of the Shinde group became the authorised whip.

2. 02

   'No disqualification of Uddhav Thackeray-led Sena MLAs'

   Narwekar rejected the disqualification of Uddhav Thackeray faction's lawmakers.

   "Submissions by Shinde faction that legislators from UBT factions were liable to be disqualified cannot be accepted on the grounds that it is mere allegation and assertion that they had voluntarily given up membership of party. Though the petitions tried to show that whip was served on respondent, the petitioner has failed to prove the service," he said.

3. 03

   'Submission that respondents from Shinde faction are liable to be disqualified due to non-attendance is rejected'

   Stating that the submission by Shiv Sena UBT that respondents from Shinde faction went incommunicado after the party split ceases to hold any meaning for purpose of disqualification as Shinde faction held to be real political party when rival factions emerged, Speaker Rahul Narwekar rejected disqualification pleas against Shinde Sena MLAs.

   "There is a submission by UBT faction that respondents from Shinde faction deliberately remained absent in meeting dated June 21, 2022. It will not be correct to say that Sunil Prabhu had any authority to call the said meeting. Petitioners' submission that respondents from Shinde faction are liable to be disqualified due to non attendance is rejected," Narwekar ruled.

4. 04

   'Constitutional provisions can't be used to stifle dissent'

   Speaker Rahul Narwekar said no party leadership can use provisions of the 10th schedule of Constitution to stifle dissent among large number of members of a party.

   "Not attending party meeting and voicing difference of opinion outside the house of legislature are matters of party. Non-attendance of the meeting can at the most be termed as an act of dissent within the party and it would be protected by freedom of speech and expression. Non-attendance cannot be treated as conduct attracting disqualification," he said.

5. 05

   'Shiv Sena's constitution of 2018 can't be taken into account'

   Speaker Rahul Narwekar said that the Shiv Sena's leadership structure in 2018 was not in conformity with the Shiv Sena constitution. "The 2018 leadership structure mentions Shiv Sena pakshapramukh as highest office. However, in the SS constitution, the highest office is Shiv Sena Pramukh and Rashtriya Karyakarini is the highest authority."

   Thus, Narwekar said, it cannot be taken as yardstick to determine which faction was the real political party at the relevant time. "The (Shiv Sena) UBT faction submitted that decision of Paksha Pramukh is synonymous to the will of political party in case of rift. This proposition is devoid of merit," he said.

6. 06

   'Will of the Paksha Pramukh not synonymous with will of political party'

   Speaker Rahul Narwekar overturned Uddhav Thackeray's removal of now CM Eknath Shinde as a group leader of Shiv Sena. "It would be appropriate to note that the Shiv Sena constitution does not have a position called a Paksh Pramukh (which Uddhav Thackeray was holding). The will of the Paksha Pramukh is not synonymous to will of political party. The party president does not have a right to remove anyone from the position," he said.

7. 07

   'When there is vertical rift, leaders of both factions can equally claim will of political party'

   Speaker Rahul Narwekar said that rival factions have emerged in the legislature and political party and amongst leaders of party as well. "The submission that decision of leadership structure has to be construed synonymous with the will of party can be applied only if there was a dispute between leader of the party and the members. When there is vertical rift and two factions emerge, leaders of both factions Thackeray and Shinde can equally claim will of political party," he said.

8. 08

   'Uddhav Thackeray group's submission to consider Shiv Sena 2018 constitution cannot be accepted'

   The 1999 party constitution submitted to the Election Commision was the valid constitution for deciding the issues, and the Thackeray group's contention that the amended constitution of 2018 should be relied on was not acceptable, Rahul Narvekar said. The 1999 constitution made the `Rashtriya Karyakarini' (national executive) the supreme body, he said and it is the one which was submitted to Election Commission by Shiv Sena before rival groups were born.