In a significant development within Maharashtra's political landscape, the state Assembly Speaker, Rahul Narvekar, has pronounced Chief Minister Eknath Shinde's faction as the authentic representation of the Shiv Sena party. The verdict comes as a result of a dispute over the party's leadership structure, with Narvekar emphasizing that the 2018 hierarchy did not align with the Shiv Sena constitution.

During the announcement of the decision on the plea for the disqualification of MLAs, Speaker Narvekar highlighted the discrepancy in the leadership structure of 2018, stating that it contradicted the Shiv Sena constitution of 1999 provided by Chief Minister Eknath Shinde. He underlined that the 2018 structure identified the 'Shiv Sena pakshapramukh' as the highest office, whereas the party's constitution designates 'Shiv Sena pramukh' as the chief and the 'Rashtriya Karyakarini' as the highest legislative authority.

"The (Shiv Sena) UBT faction submitted that the decision of Paksha Pramukh is synonymous with the will of the political party in case of a rift. This proposition is devoid of merit," declared Narvekar while rejecting the argument put forth by the opposing faction.

Notably, the Speaker refuted the claim that Uddhav Thackeray, the party chief, possessed the authority to remove Chief Minister Eknath Shinde from Shiv Sena, asserting, "Shiv Sena pramukh (chief) does not have any power to remove any leader of the party. Hence, the removal of Eknath Shinde as Leader of the Legislative Party cannot be accepted."

While announcing the verdict it was also ruled that Raigad MLA Bharatshet Gogawale was the validly appointed whip.

In the course of the verdict announcement, Speaker Narvekar also addressed the absence of organizational elections on January 23, 2018, and in 2013. He clarified that his jurisdiction was limited and that he could not go beyond the records of the Election Commission of India (ECI). Narvekar emphasized that the constitution of Shiv Sena provided by the ECI in 1999 is the relevant document for determining the genuine faction of the political party.

"The constitution of Shiv Sena provided by the Election Commission of India is the relevant constitution of Shiv Sena for the determination of which faction is the real political party," reiterated Narvekar.

What was the matter? What was the speaker supposed to decide?

The political landscape of Maharashtra witnessed a seismic shift in 2022 when a rebellion spearheaded by Eknath Shinde led to the collapse of the Maha Vikas Aghadi government. The aftermath of this rebellion culminated in a high-stakes battle for legitimacy between the Shinde and Thackeray factions within the Shiv Sena.

The crux of the matter lies in the disqualification petitions filed by both factions under the anti-defection law, following the rebellion. The Supreme Court entrusted the decision to Assembly Speaker Rahul Narwekar, whose election played a pivotal role in the disqualification pleas. A total of 34 MLAs from the rival Sena camps are under scrutiny, with accusations of defying party whip at the heart of the matter.

The rebellion unfolded in June 2022, with Eknath Shinde and around 40 MLAs breaking ranks with Chief Minister Uddhav Thackeray, causing a split in the Shiv Sena. The political crisis saw the rebel MLAs engaging in "resort politics," moving from Gujarat's Surat to Assam's Guwahati. Shinde eventually joined forces with the BJP, leading to the downfall of the Maha Vikas Aghadi government, comprising the NCP and the Congress.

The subsequent power struggle saw Shinde becoming the Chief Minister, with BJP's Devendra Fadnavis as the deputy CM. The Uddhav Thackeray camp, in response, passed resolutions removing Shinde as the leader of the Sena's legislature party and filed disqualification petitions against 40 MLAs of the rival camp. The Shinde faction retaliated by filing petitions against 14 legislators from Uddhav's camp.

In a crucial development in February 2023, the Election Commission recognized the Shinde faction as the authentic Shiv Sena, allotting it the party name and symbol. The Thackeray faction was designated as Shiv Sena (UBT) with a different symbol. The Election Commission's decision was based on the test of majority, citing the Shinde faction's support from a significant number of Sena representatives in Maharashtra.

Subsequently, the Supreme Court ruled against restoring the Maha Vikas Aghadi government, as Uddhav Thackeray had resigned without facing a floor test. The court justified the Governor's decision to administer the oath to Eknath Shinde as CM, given the latter's support from the largest party, BJP.

The Supreme Court entrusted Speaker Rahul Narwekar with the task of deciding on the disqualification petitions, emphasizing a reliance on the party's original constitution. The Speaker faced the challenging task of determining the true Shiv Sena, as well as identifying the authorized leader based on the party's constitution. Here, conflicting claims emerge, with the Election Commission recognizing the 1999 constitution, while the Sena (UBT) faction insists on a 2018 amendment that allegedly reinstated power in the hands of the party chief.