SC Notice on Thackeray’s Plea: A Twist in Shiv Sena Saga

The Supreme Court on Monday issued notice to Maharashtra Chief Minister Eknath Shinde and 38 MLAs of his group on a petition by the Uddhav Thackeray faction of Shiv Sena challenging the order of the Maharashtra Speaker on the dismissal of disqualification pleas against Shinde faction MLAs . The notice has added a new twist to the ongoing saga of the split in the Shiv Sena, which has been ruling the state since 2019.

Background of the split

The split in the Shiv Sena occurred in June 2022, when Shinde, who was then the deputy chief minister, revolted against Thackeray, who was the chief minister and the party president. Shinde claimed that he had the support of 39 MLAs out of the total 56 Shiv Sena legislators in the state assembly. He accused Thackeray of being autocratic and neglecting the interests of the party workers and the people of Maharashtra. He also alleged that Thackeray had violated the coalition agreement with the Nationalist Congress Party (NCP) and the Congress, which were part of the Maha Vikas Aghadi (MVA) government.

Shinde met Governor Bhagat Singh Koshyari and staked claim to form a new government with the support of the Bharatiya Janata Party (BJP), which had 105 MLAs in the 288-member assembly. The Governor accepted his claim and invited him to take oath as the new chief minister. Thackeray, however, refused to resign and challenged Shinde’s move in the Bombay High Court. He also appointed Sunil Prabhu as the party whip and filed disqualification petitions against Shinde and his supporting legislators under the anti-defection law.

Speaker’s order

The Bombay High Court initially stayed Shinde’s swearing-in ceremony and asked him to prove his majority on the floor of the house. However, before the trust vote could take place, Speaker Rahul Narwekar passed an order on January 10, 2024, declaring that the Shinde faction was the “real political party” and that it was entitled to use the name and symbol of Shiv Sena. He also rejected the disqualification petitions filed by Prabhu, saying that they were not maintainable as he was not authorised by Thackeray to issue a whip.

The Speaker’s order was based on an earlier decision of the Election Commission of India (ECI), which had recognised the Shinde faction as the real Shiv Sena and allotted it the ‘bow and arrow’ poll symbol on July 31, 2023. The ECI had said that since Shinde had more than two-thirds of the Shiv Sena MLAs with him, there was no question of defection under paragraph 4 of the Tenth Schedule of the Constitution. The ECI had also said that Thackeray had lost his right to use the party name and symbol as he had ceased to be its president after his expulsion by Shinde.

Thackeray’s plea

Challenging the Speaker’s order, Thackeray moved the Supreme Court on January 17, 2024, through senior advocates Kapil Sibal and Abhishek Singhvi. He argued that both the ECI and the Speaker had erred in law and facts in recognising Shinde as
the leader of Shiv Sena. He contended that he was still the party president as per its constitution and that Shinde had no authority to expel him or split the party. He also claimed that he had issued a valid whip to Prabhu and that Shinde and his MLAs had incurred disqualification by joining hands with BJP, which was an opposition party.

Thackeray sought quashing of both the ECI and Speaker’s orders as “patently unlawful and perverse”. He also sought a direction to hold fresh elections for Shiv Sena MLAs under his leadership. He alleged that Shinde had “unconstitutionally usurped power” and was heading an “unconstitutional government” with BJP’s support.

Implications of SC notice

The Supreme Court’s notice to Shinde and his MLAs has given a ray of hope to Thackeray, who has been fighting a legal battle for more than a year to reclaim his party and his position. The notice also indicates that the apex court is inclined to examine the merits of Thackeray’s plea and not dismiss it on technical grounds. The notice also puts a question mark on the stability and legitimacy of Shinde’s government, which may face a floor test if the SC sets aside the Speaker’s order.

The SC notice has also revived the political uncertainty in Maharashtra, which has been witnessing a power tussle between Shiv Sena and BJP since the 2019 assembly elections. The two parties, which were allies for over three decades, had parted ways after BJP refused to share the chief minister’s post with Shiv Sena. Shiv Sena then joined hands with NCP and Congress to form the MVA government under Thackeray’s leadership. However, the alliance was short-lived as Shinde rebelled against Thackeray and formed a new government with BJP’s backing.

The SC notice has also raised the stakes for the upcoming local body elections in Maharashtra, which are scheduled to be held in February 2024. The elections are seen as a litmus test for both Shiv Sena factions and BJP, as they will reflect the public mood and the popularity of the leaders. The elections are also crucial for NCP and Congress, which are hoping to regain their lost ground in the state politics.

The SC notice has thus added a new twist to the Shiv Sena saga, which has been one of the most dramatic and intriguing episodes in Indian politics. The saga is likely to continue until the SC delivers its final verdict on Thackeray’s plea, which may have far-reaching consequences for Maharashtra and its people.