On Monday, the Uddhav Thackeray faction of Shiv Sena moved to the Supreme Court, challenging the Maharashtra Assembly Speaker Rahul Narwekar’s verdict that the Shinde’s faction is the real Shiv Sena and dismissing the disqualification petition against Shinde and the 40 MLAs. However, the conflict within the Sena is not new, as the rivalry started several years ago.
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Vertical Split of Sena
The Sena suffered a vertical split in 2022 when Shine and the 40 other MLAs walked out of the party, then led by Uddhav Thackeray and joined hands with the Bharatiya Janata Party (BJP) to form the government. While, the Thackeray-led faction allied with the Indian National Congress (INC), Nationalist Congress Party (NCP) and Maha Vikas Agadhi (MVA). However, the faction expressed their disappointment with the MHA and withdrew the alliance based on the current situation.
Moreover, the Uddhav Thackeray faction of the Shiv Sena moved to the Supreme Court by making several serious allegations over the Assembly speaker’s verdict on the Eknath Shinde faction.
![Uddhav-T](https://rumiherald.com/wp-content/uploads/2024/01/Uddhav-T-300x199.jpg)
Why did Uddhav Thackrey and his faction move to SC?
Uddhav Thackeray and his Shiv Sena (UBT) claimed that Speaker Narwekar had dismissed the disqualification petition, which was filed by both factions against each other legislative members. But the verdict effectively came in favor of Shinde’s faction to remain in power in the state with the support of the BJP.
Meanwhile, the speaker came to hear the disqualification petition after a Constitutional Bench of the Supreme Court ruled in May 2023 that the Speaker of the Legislative Assembly is the appropriate constitutional authority to decide the disqualification petition within the required time, based on the understanding the difference between the legal and political party. Furthermore, the allegations made by the Thackeray’s faction on the speaker’s decision were called biased, calling Shinde’s faction “real Shiv Sena” based on the MLAs’ majority.
![Uddhav-N](https://rumiherald.com/wp-content/uploads/2024/01/Uddhav-N-300x198.jpg)
Petition filed against the Speaker
The Uddhav Thackeray’s faction of the Shiv Sena has filed a petition in the SC, challenging the Speaker Narwekar’s order on the Eknath Shinde’s faction as the “real Shiv Sena”. They contend that the speaker’s role is limited to adjudicating the disqualification petitions under the Tenth Schedule of the Constitution, not to determine the legitimacy of the party.
Moreover, the petition argues that the speaker’s order violates the May 2023 judgement, which emphasized distinguishing between legislative party and political party when deciding anti-defection cases. Besides, Thackrey’s faction claims that the speaker’s decisions are blurred and undermine the autonomy of political parties.
Potential Implications
The Supreme Court’s decision on the case will have significant consequences for the future of Maharashtra politics and Shiv Sena. But, if the court upholds the Speaker’s order, it will strengthen the Shinde faction to claim the party’s identity. However, if the court finds the verdict flawed, it could pave the way for further legal challenges and prolong the battle for control of the Shiv Sena.
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