Uddhav Thackeray’s Shiv Sena gained strength from the Supreme Court order on Thursday, to further pursue its fight against the Eknath Shinde-led government. The five-judge constitution bench asked the Maharashtra assembly speaker to decide over a petition of disqualification of MLAs filed by the Thackeray-led camp.
While the court said Thackeray could not be reinstated as chief minister since he resigned from the post of his own accord, the floor test through which the Maha Vikas Aghadi government was toppled was not legal either. Thus, the ball is now in speaker Rahul Narvekar’s court when it comes to the disqualification plea.
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The Shiv Sena (UBT) is hopeful that Shinde and the 15 rebel MLAs will face action since they defied the ‘whip’, but the Shinde-led faction is confident that the government formed by them will not be in minority and may also complete its term. If the speaker, however, gives an order against the Thackeray camp, it has the option of moving the court.
Narvekar told News18, “The speaker’s office will send notices to the concerned parties and conduct a regular hearing. Both parties will get a chance to explain their stand. Questioning and counter-questioning will also take place. Both parties will also be asked to present evidence and, on the basis of that, the order will be delivered. After that, if anyone wants to appeal against the order, they can approach the court.”
The SC, in its order, also spoke about another contentious issue of the ‘whip’. When the split took place, Thackeray as the party chief had appointed Sunil Prabhu as the Shiv Sena whip. But Shinde, who then claimed that he and his rebel MLAs are the real Shiv Sena as they have majority, had appointed Bharatshet Gogawale as the whip.
But the SC made it clear that Gogawale’s appointment as the party whip was not legal and, hence, Prabhu got validation as the whip. On this issue, former cabinet minister Anil Parab said, “Sunil Prabhu has been recognised as the whip of the Shiv Sena, which means those who have defied the ‘whip’ issued back then will certainly face disqualification. Though the SC has asked the speaker to decide, he need not carry out an entire investigation as all facts and evidence are readily available and on record. So, we will request him to take the decision as early as possible.”
On the issue of the party whip, Shinde’s Sena has a new strategy since this camp has the original party and symbol. The SC order states that only a political party can decide the whip and not a legislative party, so Gogawale’s reappointment could take place within the next few days.
At the press conference, when Thackeray was asked about the SC’s observation on his voluntary resignation, the former CM said, “I resigned on moral grounds, but after this SC order, (Eknath) Shinde and (Devendra) Fadnavis should resign too if they have any morality left in them.”
Reacting to this, Shinde said, “Today’s SC verdict is a decision as per what is expected in democracy. The truth has won and I have always said in a democracy, importance is given to the majority. There’s a Constitution, law and order in this country, and no one can surpass that. The government that we formed, we did it in a legal and constitutional manner and, today, the SC decision also proves the same.”
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