THE verdict of Maharashtra Legislative Assembly Speaker Mr. Rahul Narwekar that the faction led by Chief Minister Mr. Eknath Shinde is the ‘real’ Shiv Sena, has come as a setback for former Chief Minister Mr. Uddhav Thackeray. However, there is more to the verdict than triggering jubilation in Mr. Shinde’s camp and angry reactions in Mr. Thackeray’s group. Coming to the law part of it, Mr. Narwekar gave his verdict on the basis of the Shiv Sena party constitution dating back to 1999 as the amended constitution of 2018 was not available in the records of the Election Commission of India. Also, he has mentioned that the party did not submit amended constitution to the Speaker as per the rules. Hence, he considered the old constitution of 1999 while deciding the disqualification pleas. This observation indicates that Shiv Sena under Mr. Thackeray, before the split orchestrated by Mr. Shinde, was poor on legal compliances. Or, the party before the split was too naive that it did not pay proper heed to meeting the requirements so that the amendments to its constitution stood legal scrutiny. This reflects poorly on the working of Shiv Sena before 2022 split. Earlier also, the lack of awareness about proper functioning and administration of a party in politics was revealed when Mr. Uddhav Thackeray resigned voluntarily as Chief Minister, bringing an end to Maha Vikas Aghadi (MVA) rule in Maharashtra.

 

While hearing the petition that followed dramatic turn of events in Maharashtra, the Supreme Court made it clear that it could not restore the MVA Government in the State as Mr. Thackeray did not face floor test before tendering resignation. Mr. Thackeray’s style of functioning was more of a political kind than systematically legal and well-reasoned. It cost the MVA dear as it lost power. No wonder that he was treated more as a ‘party heir’ than as a matured leader with understanding of various dimensions of politics. Speaking of politics, the verdict by Mr. Narwekar has held Mr. Shinde-led faction as the real Shiv Sena, but has not disqualified the MLAs of Mr. Thackeray-led faction. This has left many perplexed. Mr. Shinde and MLAs of his faction will continue to be in power, but only till the matter is heard in the Supreme Court. For, Mr. Thackeray-led faction has already declared to challenge the Speaker’s verdict. The Speaker of Maharashtra Assembly appears to have played the ball off smartly for the time being, but his verdict is not conclusive and clear to say the least. Still, this gives advantage to Mr. Shinde’s faction in the ensuing Lok Sabha elections as it will go to the electorate with Shiv Sena’s original party symbol.

 

But, Mr. Thackeray’s group will find it difficult to popularise the new symbol. Mr. Thackeray-led faction may continue playing the ‘victim card’, which Mr. Shinde-led faction has been countering. The matter is likely to go to the Supreme Court, where even the words and expressions in the Speaker’s verdict will be examined minutely. Even if the Speaker’s decision is overturned in the Supreme Court, the timing of such a development will be politically important to both the factions. If it is done before the Maharashtra Assembly elections scheduled later this year, Mr. Shinde’s group may have to work harder to make its presence felt. But, if the court verdict comes after the Assembly polls, Mr. Thackeray’s group may face a severe setback. In sum, the verdict of the Speaker has not ended the disqualification row for Shiv Sena factions. It has only completed one stage in the protracted legal battle. It will get more colourful politically in days to come, that is for sure.