#Maharashtra Assembly Speaker Rahul Narwekar pronounces verdict in #ShivSena MLAs' disqualification case...says 1991 Sena #Constitution will be only valid and not 2018 one.
Speaker says Uddhav Thackeray had no power to remove Eknath Shinde as Shiv Sena floor leader.
Speaker refers to Shiv Sena constitution and says it cannot be said the will of the 'paksha-pramukh' (party chief) synonymous with will of the party. Moreover, Sena constitution doesn't have the post of paksha-pramukh.
"I find that the leadership structure of the Shiv Sena reflected in letter dated February 27, 2018, available on the website of the ECI, is a relevant leadership structure which has to be taken into account for the purpose of determining which faction is the real political party," says Maharashtra Assembly Speaker.
"....Cannot accept petitioner’s ( Uddhav faction) contention that the 2018 party constitution should be relied upon": Assembly Speaker Narwekar
In view of my findings.. Sunil Prabhu ceased to be the authorised whip on June 21, 2022 .. Bharat Goghavle was validly appointed as the whip.
"In my jurisdiction under the Tenth Schedule of the Constitution, I cannot delve into any other factor while deciding which is the relevant constitution. As prima facie, it is evident from the records of the ECI that the 1991 constitution is the one which was submitted to the ECI by the Shi Sena before rival factions emerged.
"Further, it is also necessary to mention that the petitioner's submission that the constitution of the year 2018 was submitted to the ECI by referring to the letter dated April 4, 2018, cannot be accepted," says Maharashtra Assembly Speaker Rahul Narwekar.
Speaker Rahul Narwekar further says, "In view of the evidence and records before me, prima facie indicates that no elections were held in the year 2013, as well as in the year 2018. However, I as the speaker exercising jurisdiction under the 10th schedule have limited jurisdiction and cannot go beyond the record of the ECI as available on the website and hence I have not considered this aspect while determining the relevant leadership structure.
Thus, given the above conclusions, I find that the leadership structure of Shiv Sena reflected in the letter dated 27th February 2018 available on the website of the ECI is the relevant leadership structure which has to be taken into account for the purpose of determining which faction is the real political party...".
 |
| CM Shinde and predecessor Uddhav Thackeray |
In May 2023, the Supreme Court ruled the Shinde faction as the official Sena and gave the responsibility of deciding on the disqualification petitions of MLAs — 34 in total — from the two rival Senas to Rahul Narwekar.
"The submission of Mr Kamat, the jurisdiction under the Tenth Schedule only mandates a prima facie adjudication as to what the leadership structure of the political party was at the relevant time, and it does not extend to an enquiry as to whether or not the leadership structure available on the record of the ECI was pursuant to a validly held election is a correct position, and hence I concur with the same,"-- says Speaker.
No comments:
Post a Comment