The Shiv Sena (UBT) on Monday moved the Supreme Court challenging Maharashtra Speaker Rahul Narwekar’s order last week that recognised Chief Minister Eknath Shinde’s faction as the “real Shiv Sena”. Seeking a provisional stay on the Speaker’s order, the Uddhav Thackeray faction has also urged the court to restrain Shinde camp MLAs from attending the legislative Assembly as interim relief.
The plea also seeks the suspension of the membership of Shiv Sena MLAs till the petitions are pending before the court. The Uddhav faction has dubbed the Speaker’s order “patently unlawful and perverse” and said that it turns the Tenth Schedule, or the anti-defection law, “upside down”.
The petition contends that the Speaker’s finding that the leadership structure is not in accordance with the Shiv Sena Party Constitution is completely erroneous. “Speaker did not consider that collusion of these MLAs with the BJP is evident from the undisputed fact that Eknath Shinde became Chief Minister with support of the BJP,” it added.
On January 10, Narwekar ruled that the Shiv Sena faction led by Shinde enjoyed the support of a majority of MLAs. In his verdict, the Speaker also dismissed all disqualification petitions filed by both factions. He also recognised Shinde faction leader Bharat Gogawale as the chief whip of the Shiv Sena.
Reacting to the Speaker’s verdict, Uddhav said that the decision was an “insult of the Supreme Court’s order” and said he would move the Supreme Court against it. “I think he (Rahul Narwekar) did not understand his responsibilities. The Supreme Court provided a framework to be followed and even accepted our nomination of Chief Whip. I think the decision was beyond his understanding. Now, we will see if the tribunal is above the Supreme Court. The people of the state do not accept this decision,” he said.