Ndtv | 3 days ago | 24-06-2022 | 03:09 pm
The Shiv Sena, founded and led by the Thackeray family, has morphed into the Shinde Sena.Uddhav Thackeray, the Chief Minister of Maharashtra and Shiv Sena chief, continues to bleed MLAs and political capital. The "Thackeray Sena" is now down to single digits.Eknath Shinde, leading a coup against Uddhav Thackeray, has the numbers stacked up in his favour, with huge help from the BJP.Devendra Fadnavis, former Chief Minister, landed in Delhi late on Thursday night for a final round of consultations with Amit Shah, the BJP's chief strategist, before any move to stake claim to power.Uddhav Thackeray, isolated by his own Sena, is in his family home Matoshree with just son Aaditya Thackeray and Rajya Sabha MP Sanjay Raut for company. He had to cancel several meetings with Sena MLAs to save himself the blushes. In several batches, the MLAs showed up for the other party - at a five-star hotel in Guwahati, ground zero of the revolt.Wild conspiracy theories did the rounds; some leaders claimed Uddhav Thackeray was acting in consort with the rebels as he wanted to dump his own government and rejoin the "Yuti" with the BJP. Others blamed Sharad Pawar and said he always helped the BJP, pointing at his "frenemy" status with Prime Minister Narendra Modi.They claimed Sharad Pawar and Modi were jointly acting to destroy the Sena and the Congress. Rumours became "facts" as they reached Matoshree, Uddhav Thackeray's ivory tower.Yesterday, on a day of complete disarray for Team Thackeray, as they fumbled and sent out conflicting political signals, it took Sharad Pawar, the architect of the unlikely MVA alliance, to keep the alliance on-message.Earlier Sanjay Raut, in a desperate bid to stanch the MLA-bleed, said if the rebels returned to the Thackeray-led Sena, they would exit the alliance - so far the main public demand of Eknath Shinde. Left unsaid was the second part of Eknath Shinde's equation - team up again with the BJP, its spurned saffron twin, as junior partner.Sanjay Raut's comments angered Sena's alliance partners Congress and Sharad Pawar's NCP, who had publicly stood with the beleaguered Uddhav Thackeray. Ajit Pawar attempted damage control but did not seem convincing.An angry Sharad Pawar finally stepped in. First, he pointed to a video of Eknath Shinde addressing rebels, in which he finally accepts he had help from a "big national political party" and assured that there is nothing to fear. This first public admission of the BJP's role was highlighted by Sharad Pawar who, unlike his usual unflappable self, was visibly angry. Sharad Pawar also said numbers must be proved on the floor of the assembly and that he was sure the MVA government would survive a floor test."For two-and-a-half years they were with us and now they are thinking of Hindutva," Sharad Pawar bit out, also pointing at the misuse of the central investigating agencies by the BJP.Two leaders from Sharad Pawar's party, Anil Deshmukh and minister Nawab Malik, are in jail facing corruption allegations from the Enforcement Directorate and Anil Parab, a close Thackeray aide, is being interrogated for hours every day by the agency.Sharad Pawar's words on a floor test are significant as the Deputy Speaker in the assembly, Narhari Zirwal, is from his party. He will assume the role of Speaker. Zirwal announced he had approved Eknath Shinde's replacement by Ajay Chowdhary as Sena's group leader in the House. Any floor test will be conducted by him, and Eknath Shinde will have to approach him if he decides to go to the House claiming to be the real Sena.Sharad Pawar also had some private advice for Uddhav Thackeray. He told him to stop being thin-skinned in the Modi-Shah era of politics and let his emotions drive him. An emotional Uddhav Thackeray told him he would like to quit, but Sharad Pawar firmly advised against it.PromotedListen to the latest songs, only on JioSaavn.com(Swati Chaturvedi is an author and a journalist who has worked with The Indian Express, The Statesman and The Hindustan Times.)Disclaimer: These are the personal opinions of the author.
NEW DELHI: In a serious setback to the Uddhav Thackeray-led MVA government in Maharashtra, the Supreme Court on Monday protected rebel Sena MLAs from disqualification proceedings till July 12, directed the ruling coalition to ensure their safety in Maharashtra and, importantly, refused the Sena-NCP-Congress coalition's request to stop the Eknathrao S Shinde-led rebels from demanding a floor test in the assembly. Shinde tweeted on the SC order, "This is the victory of Balasaheb Thackeray and Anand Dighe's thoughts." हा वंदनीय हिंदुहृदयसम्राट शिवसेनाप्रमुख बाळासाहेब ठाकरे यांच्या हिंदुत्वाचा आणि धर्मवीर आनंद दिघे साहेबांच्या विचा… https://t.co/FPRiQJL8ux— Eknath Shinde - एकनाथ शिंदे (@mieknathshinde) 1656329992000A string of senior advocates - A M Singhvi, Rajeev Dhavan and Devadatt Kamat - made strenuous attempts on behalf of MVA and the deputy speaker to persuade a vacation bench of Justices Surya Kant and J B Pardiwala not to interfere in the disqualification proceedings against 15 of the 39 rebel Sena MLAs supporting Shinde, saying it fell in the exclusive domain of the speaker. When the effort did not work, Kamat tried to stop the likely effort to bring out CM Thackeray's diminished support by requesting that if the disqualification proceedings, which were to commence after the end of deadline for the 15 rebel MLAs at 5.30pm on Monday to present themselves before the deputy speaker, are being deferred, then the status quo as of Monday be maintained and there should be no demand from the rebels for a floor test. MVA govt trying to avoid floor test: Shinde's lawyerShinde's counsel Neeraj Kishan Kaul promptly said "now the cat is out of the bag" and that the minority MVA government wants to avoid a floor test. The bench told Kamat that passing a restraint order on a floor test would give rise to unnecessary complications but told him the MVA was free to move court if any illegalities were committed. Kaul argued that as per a Constitution bench judgment of the SC in Nabam Rebia case, a speaker or deputy speaker facing motion of removal is prohibited from initiating disqualification proceedings against any MLA. He said the rebel MLAs had given notice on June 21 seeking removal of deputy speaker (Narhari Zirwal of NCP). Disqualification proceedings initiated against the rebel Sena MLAs is a counter manoeuver, he alleged. Kaul's argument found favour with the Supreme Court vacation bench headed by Justice Kant and submissions of Singhvi, Dhavan and Kamat failed to counter it. The bench asked Dhavan whether the deputy speaker would defer disqualification proceedings against the rebel MLAs till notice for his removal is decided by the House. But Dhavan insisted the rebel MLAs must present themselves before the deputy speaker on Monday itself to respond to disqualification notices. This made the bench pass the interim order deferring disqualification proceedings under the anti-defection law.
The political crisis in Maharashtra has given rise to the question whether the Shiv Sena rebels can avoid disqualification under the anti-defection law.Law and exceptionUnder the anti-defection law, a member of a legislature can be disqualified if he or she has voluntarily given up membership of their political party; and if he/she votes or abstains from voting in the House contrary to any direction issued by their party (or by any person or authority authorised by the party).There is a provision to protect such legislators from disqualification. If two-thirds of the members agree to a merger with another party, they will not be disqualified. Under the 91st Amendment to the Constitution in 2003, the exemption from disqualification if one-third of the members form a separate group (the rule prior to the amendment) was removed.How courts have ruledIn February this year, the High Court of Bombay at Goa held that 10 Congress MLAs and two two MGP MLAs, who had defected to the BJP in 2019, are exempted from disqualification and held that a merger of this group of Congress MLAs is “deemed to be a merger” of the original political party with the BJP (Girish Chodankar v Speaker, Goa Legislative Assembly).In Rajendra Singh Rana v Swami Prasad Maurya (2007), a Constitution Bench of the Supreme Court interpreted the term “voluntarily giving up membership of a political party”, and held that “a person may be said to have voluntarily given up membership of an original party even though he or she has not tendered resignation from membership of the party” and that an inference can be drawn from conduct of the member.The two-thirds ruleSome experts believe that even if two-thirds of legislators have broken away, they will be protected from disqualification only if they merge with another party or become a separate group in the legislature.Senior advocate Devdatt Kamat, representing Shiv Sena, said that until the MLAs rebel camp merges with another party, disqualification under the anti-defection law will still apply to them. He said there are court judgements including in the Ravi Naik case (1994) in the Supreme Court which held this view.Senior advocate Shrihari Aney, a former Advocate General of Maharashtra, said there are debatable positions about the anti-defection law. “Various courts have passed verdicts as per specific facts of the case and I am of the view that the Eknath Shinde faction has already crossed the two-thirds mark and thus they cannot be subjected under this law and they are protected from the anti-defection law. They are entitled to be identified as a separate group or a ‘gat’ in the house and to participate in the proceedings.”Newsletter | Click to get the day’s best explainers in your inboxDisqualification noticesAnother issue that has arisen is whether the disqualification notices served on 16 rebel MLAs can stand the scrutiny of law. Experts said that as per the Maharashtra Legislative Assembly (Disqualification on grounds of Defection) Rules and other stipulations, the Deputy Speaker’s decision cannot be upheld.Aney said, “In my opinion, the notices disqualifying some MLAs are void ab initio. The orders are premised on the ground that these MLAs did not attend the official meeting and did not adhere to the whip. But, a whip is limited only to the business of the legislature… Here it was for a meeting called by their president Uddhav Thackeray.”
MUMBAI: BJP on Monday finally opened up about the Eknath Shinde-led revolt in Shiv Sena, refusing to call that camp "rebels" and saying it was open to considering proposals on government formation from the faction. "We do not consider anyone a rebel. If two-thirds of the MLAs are with Shinde, how can they be called rebels?" asked senior BJP leader Sudhir Mungantiwar, speaking after a meeting at Devendra Fadnavis' house. So far, BJP had termed the Sena turmoil an internal matter of the party and refused to comment on it. However, after Monday's Supreme Court order shielding the rebels, it immediately held a meeting of its state core committee. "Based on the Supreme Court order, whatever proposals (on government formation) come forward will be considered. BJP is closely watching the day-to-day events, the core committee will meet again and take a decision at the appropriate time in the interest of the state and its people," he added. "Shiv Sena group leader Eknath Shinde has so far not given us any proposal. Whenever a proposal comes from Shiv Sena - since they call themselves the true Sena - we shall consider it," he said. Mungantiwar added that at this point, BJP does not feel the need to ask for a floor test.
Leader of Opposition in West Bengal Assembly Suvendu Adhikari on Monday hinted at toppling of the Mamata Banerjee-led Trinamool Congress (TMC) government in the state in 2024 after doing the same in Maharashtra, Rajasthan and Jharkhand.The BJP leader’s controversial statement came in the backdrop of a political turmoil in Maharashtra where the alliance party government is struggling stay afloat following withdrawal of support from a section of MLAs.Addressing party workers in Cooch Behar district on Monday, Adhikari said, “It won’t have to be in 2026 (next state Assembly polls). The ouster will take place in 2024. Just wait a little more. We will oust this government in 2024. This has just begun in Maharashtra. Next it will take place in Jharkhand and Rajasthan. After Maharashtra, Jharkhand and Rajasthan, we will reach West Bengal.”His remarks did not go down well with the ruling dispensation in West Bengal with the Trinamool Congress slamming the BJP for its attempt to topple elected government in Opposition-ruled states.“This shows the BJP’s mindset when it comes to respecting democratic norms in the country. They want to grab power by any means and that’s what they have planned for all opposition-ruled states. But Suvendu Adhikari is living in a fool’s paradise. In 2024, the BJP will go out of power,” said TMC state general secretary Kunal Ghosh.
With the Supreme Court extending the deadline for them to file a response to disqualification notices, the Shiv Sena’s rebel group led by Eknath Shinde is learnt to be strategising to approach the Governor, informing him of their decision to withdraw support from the MVA, and thereby, prompting a floor test.Highly placed sources said, “The Shinde faction is likely to approach Governor Bhagat Singh Koshyari at Raj Bhawan, informing its decision to distance itself from Maha Vikas Aghadi (MVA) government.”Claiming to have 50 plus MLAs in its fold, Shinde camp’s decision to step out of MVA would raise a question on the numbers with Uddhav Thackeray led MVA government, which could find it difficult to prove its majority on the floor of the house if the rebel MLAs were to stick together, the sources added.The development has also sparked worries in the Sena with a senior leader pointing out: “While the Apex court has given two weeks’ time to the rebels to respond to disqualification notices served by deputy speaker Narhari Zirwal, our plea for disallowing floor test till July 11 was not considered.”Shinde camp’s confidence stems from its belief that it holds two-third majority in the Shiv Sena. At present, it is claiming support of 39 MLAs out of total 55 MLAs of the Sena. Besides, there are over 10 MLAs from smaller parties/independents with them. Their total support base has risen to over 50, the Shinde camp has claimed.The total strength of the state legislative assembly is 288 members, which has gone down to 287 with the death of Sena MLA Ramesh Latke last month. The halfway mark to form the government is 144.With Congress’s 44, NCP’s 53 and Sena’s 16 legislators, the aggregate strength of the allies stands at 111 — 33 short of the halfway mark. The number of independents/smaller parties adds up to 29 members, of which around 11 are with Shinde camp. Sources say that even if all the remaining 19 were to align with MVA, the figure still won’t cross 130.“Minus Shinde faction, MVA finds itself confronting the battle for survival in Maharashtra,” the source said.Expressing his happiness after the SC order, Shinde said, “It is a victory for Balasaheb’s Hindutva. We have always maintained that we have not walked out of Sena. Our fight is for the self respect of Sena.”Sources in the Shinde faction said, “A lot of deliberations are underway on the next course of action. We are still fighting for the rights to lead the Sena. With majority members with us, Shinde’s leadership in the party’s legislative assembly cannot be divested. We always wanted Sena to walk away from the Congress and the NCP.”Shinde’s son Shrikant alleged that the disqualification notice to his father and 15 MLAs were sent by the deputy speaker under pressure.Meanwhile, the BJP, which convened its core committee meeting at the residence of opposition leader Devendra Fadnavis on Monday, has decided to adopt “wait and watch” strategy. State BJP president Chandrakant Patil said, “What is happening is an internal matter of Shiv Sena. We are also closely monitoring the developments.”Another senior leader, Sudhir Mungantiwar, said, “Shinde group is still not considering itself separate from Shiv Sena. At the same time, they have the support of a majority of members. So, we need to see how the situation evolves.”