Sena vs Sena: Speaker says Shinde Sena ‘real party’, dismisses all pleas for disqualification

Angry over the verdict, Uddhav Thackeray said: “This is murder of democracy by the Speaker... We will approach the Supreme Court against the verdict.” He further alleged that the Speaker did not abide by the Supreme Court's directives.

Uddhav Thackeray and Eknath Shinde. (PTI Photos)

IN A setback to the Shiv Sena faction led by Uddhav Thackeray, more than one-and-a-half years after the party split into two, Maharashtra Assembly Speaker Rahul Narwekar on Wednesday declared that the opposing faction led by Chief Minister Eknath Shinde was “the real political party”.

Narwekar, however, dismissed all 34 petitions, filed by both sides, seeking the disqualification of 54 MLAs belonging to rival factions.

“This is murder of democracy by the Speaker… We will approach the Supreme Court against the Speaker says Shinde Sena is ‘real party’, dismisses all pleas for disqualification verdict,” said Thackeray. He alleged that the Speaker did not abide by the Supreme Court’s directives.

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Shinde, on the other hand, welcomed the decision. “I always used to say that a majority is important in a democracy. We have a majority in the Assembly and Lok Sabha. The real Shiv Sena name and poll symbol have been allotted to us by the Election Commission,” he said.

In a nearly 1,200-page verdict on the 34 petitions that the rival Sena parties had filed against one another in June-July 2022, Narwekar also dismissed pleas seeking disqualification of Prahar Janashakti Party leader Bacchu Kadu and two Independent MLAs — Narendra Bhindekar and Rajendra Yadravakar.

“I hold that the Shinde faction was the real political party when the rival faction emerged on June 21, 2022… Shinde faction had an overwhelming majority of 37 of the 55 MLAs when rival factions emerged,” Narwekar said.

While adjudicating the petitions, Narwekar said he had to rely on three parameters: the Shiv Sena Constitution, its leadership structure, and legislative majority.

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He held that the Sena’s 1999 Constitution, provided by the Election Commission, was the relevant and “only official” Constitution to decide the matter. The Sena (UBT) had said the amended 2018 Constitution should be taken into account. Narwekar said he relied on the 1999 Constitution, as the 2018 Constitution was not available with the poll panel.

As per the leadership structure, the paksha pramukh (party chief) is only the presiding member of the party’s Rashtriya Karyakarini (national executive). When there is a vertical split, leaders of both factions can equally claim the will of the political party, he said.

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Narwekar held that the paksha pramukh alone did not have the power to remove any leader from the party. Thus Shinde’s removal by Thackeray was not accepted. “The power of the Shiv Sena paksha pramukh is not absolute and it has to be exercised in consultation with the Rashtriya Karyakarini,” he said.

He also said the submission by Shiv Sena (UBT) that “the decision of paksha pramukh is synonymous to the will of the political party in case of a rift is devoid of merit”. The party Constitution made the Rashtriya Karyakarini the supreme body, he said.

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Narwekar held that the 2018 leadership structure was not in conformity with the 1999 Constitution, and the party’s 2018 Constitution does not provide a reliable answer to the question of which faction is the real party, and is not a yardstick to determine the same.

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Narwekar also said that Shiv Sena (UBT) leader Sunil Prabhu ceased to be the party whip since a rival faction had emerged, and Bharat Gogavale from the Shinde faction was validly appointed party whip on June 21, 2022.

“In view of the evidence and records presented before me, prima facie it indicates that no elections (internal elections of Sena) were held in the year 2013, as well as in the year 2018. Eknath Shinde was validly appointed as leader of Shiv Sena political party,” he held.

Dismissing counter-petitions filed by the Shinde faction seeking disqualification of rival faction members, Narwekar held: “Submissions by the Shinde faction that legislators from UBT faction were liable to be disqualified cannot be accepted on the ground that it is mere allegation… that they had voluntarily given up membership of party. No material given to substantiate…. Though petition tried to show that whip was served on respondent, the petitioner has failed to prove… There are major inconsistencies… Thus the submission for disqualification of UBT members also cannot be accepted.”

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In May 2023, the Supreme Court had told Narwekar to independently decide the preliminary issue on which of the two factions was the real Shiv Sena.

At a hearing in October 2023, the Supreme Court had pulled up Narwekar for not deciding on the petitions, saying he “can’t defeat the orders of the Supreme Court like this”. The court subsequently set a December 31 deadline and extended it to January 10.

Vallabh Ozarkar

Vallabh Ozarkar is a Senior Correspondent with The Indian Express' Mumbai bureau, recognized as an authoritative and deeply knowledgeable voice on the politics, governance, and infrastructure of Maharashtra. With more than nine years of experience in major news organizations, his reporting delivers high standards of Expertise and Trustworthiness. Expertise & Authority Current Role: Senior Correspondent, The Indian Express, Mumbai bureau. Geographical Specialization: Provides exclusive and detailed coverage of Maharashtra politics and governance, operating at the epicenter of the state's decision-making in Mumbai. Core Authority: His reporting demonstrates deep Expertise across critical and often complex state matters, including: Political Dynamics: In-depth analysis of the ruling coalition (Mahayuti) and opposition (MVA), internal party conflicts, and crucial election updates, including local body polls and municipal corporation tussles. Governance & Policy: Focused coverage on significant state policies, such as the overhaul of Mumbai's 'pagdi system' (rent control for old buildings) and social welfare schemes (e.g., Ladki Bahin Yojana accountability). Infrastructure & Development: Reports on major urban and regional infrastructure projects, including the Mumbai Water Metro, Uttan-Virar Sea Link, and Thane Metro development. Administrative Oversight: Follows legislative actions, cabinet decisions, and reports on issues of accountability and alleged fraud within state departments. Experience Current Role: His role at The Indian Express—a leading national daily—validates the credibility and standard of his reporting. Career Foundation: Prior to The Indian Express, Vallabh contributed to other major metropolitan news outlets, including the Mumbai Mirror and DNA - Daily News & Analysis, providing a solid foundation in rigorous urban and political journalism. Evidence of Impact: His work consistently breaks down complex political developments and administrative failures, such as exposing discrepancies in government welfare schemes, cementing his reputation as a trusted source for ground-level, impactful news from Maharashtra. He tweets @Ozarkarvallabh ... Read More

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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