Nearly 14 months after the Balasaheb Thackeray-founded Shiv Sena split, Maharashtra Legislative Assembly’s Speaker Rahul Narwekar on Thursday commenced the hearing of cross disqualification petitions filed by the two rival groups led by Uddhav Thackeray and Eknath Shinde.
The hearing began around 10.30 am at the Central Hall of Vidhan Bhavan Complex in Nariman Point in Mumbai and continued till around 2 pm.
Both factions are being represented by their respective battery of lawyers - and there are a total of 34 petitions.
“I am conducting the hearing as a quasi-judicial matter. The issue is sub-judice and hence cannot comment more,” said Narwekar.
The Speaker has given time to both the sides to submit copies of their responses and rebuttals.
“We did not receive relevant documents from the opposite side,” said Anil Sakhre, the lawyer of Shinde-group.
However, Ravindra Waikar, an MLA from the Thackeray-group, said that the claim of the other side was part of its delaying tactic.
"It is for the Speaker to provide all relevant documents to both sides," he said.
He said the Thackeray faction wanted all the petitions to be clubbed and heard.
Thackeray-group lawyers Supreme Court has held the whip issued by Sunil Prabhu, belonging to the Thackeray faction, as valid.
The 20 June, 2022 rebellion in the Thackeray-led Shiv Sena and the toppling off the Maha Vikas Aghadi government by Shinde with the help of BJP and the subsequent 2 July, 2023 development in the Sharad Pawar-founded NCP which saw Ajit Pawar switching to the NDA camp and becoming Deputy Chief Minister alongside BJP’s Devendra Fadnavis - has led to several legislative complexities.
Shinde, who steers the BJP-Shiv Sena-NCP government, himself faces the disqualification petition.
After the split, of the (then) 56 MLAs, the lion’s share of 40 sided with Shinde and rest 16 with Thackeray, while in Lok Sabha, of the 18 elected from Maharashtra, 13 joined the Shinde-camp and five are with Uddhav. Later one MLA was elected under Shiv Sena (UBT) banner.
On 8 July, the Maharashtra Legislature secretariat sent notices to 40 MLAs of Shinde-camp and 14 MLAs of the Shiv Sena (UBT).
Before the notices, Narwekar had sought and received a copy of the Shiv Sena's constitution from the Election Commission of India.
On 17 February, the Election Commission legitimised Shinde-faction as real Shiv Sena and allotted the bow and arrow symbol.
On 11 May, the Supreme Court stated that Thackeray's position as Chief Minister cannot be restored as he had resigned before the floor test. However, it had passed strictures on the functioning of then Governor Bhagat Singh Koshyari. Besides, it asked the Speaker to take a call on the disqualification petitions.