Internal party dissent no reason to defect, Team Shinde to the Supreme Court

Eknath Shinde and Uddhav Thackeray are locked in a battle for control of the Shiv Sena

New Delhi:

Uddhav Thackeray’s Shiv-Sena faction has accused the party’s group, led by Maharashtra Chief Minister Eknath Shinde, of “spreading a fake narrative to justify its anti-Party stance”. In a Supreme Court battle between the two factions today, the faction replied to Mr Shinde that Team Thackeray “want the Speaker to be stripped of all powers and for the Supreme Court to become a defector tribunal. This is unprecedented. This is not where the process is supposed to take place.”

Here are the Supreme Court highlights from Team Eknath Shinde vs. Team Uddhav Thackeray:

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No actual disqualification…

Team Shinde

They (Team Thackay) say that the Electoral Commission cannot proceed with the proceedings, but that is not true. Just because there are differences of opinion between members of the legislative party does not mean that the Electoral Commission cannot rule on issues. The two are completely independent of each other. So far there has not been an actual disqualification.

Team Thackeray

When there are problems with leaving, no one says they have given up party membership. So you can’t argue that they never explained that.

About ideology and alliances

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The issues involved would have far-reaching implications for the politics of that country. A previous judgment clarified that someone who appears before the electorate does not appear as an individual. You go as an ideology. If you go after victory and form an alliance of another ideology, you can’t say that the members of the party can’t raise their voice against it.

Didn’t give up party membership: Team Shinde

Supreme Court to the Shinde faction

You came to court first and got time. But now you’re saying they can’t go to court and everything they (the Thackeray faction) are saying is barren now?

Team Shinde

Please don’t get me wrong. I’m not saying that. I did not give up membership in the original political party.

The speaker will decide everything?

Supreme Court or Team Eknath Shinde

The way your filings lead, are you saying you filed a complaint with the Supreme Court and then the Supreme Court stayed the disqualification, so you got time and appointed a spokesperson, and now the spokesperson is going to decide everything?

Team Eknath Shinde

No, that’s not the case.

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We cannot say that everything is barren now. Let us make a clear decision on these questions.

Team Eknath Shinde

We came to this court because the Deputy Speaker’s decision at the time was related to previous Supreme Court rulings and there were threats to us and our families.

supreme court

Protection is a separate topic. But we have said in the past that matters should go to the Supreme Court or the Speaker first. Let the speaker decide, and then you can challenge him.

Focus on Maharashtra speakers

Team Eknath Shinde

They want the Speaker stripped of all powers and the Supreme Court turned into a defector tribunal. This is unprecedented. The process should not take place here.

Don’t mix Electoral Commission matters with disqualification

Team Eknath Shinde

The group went to the EC (electoral commission) and said: “We are the political party”. Let’s not mix EM procedures with disqualification procedures. An intra-party rebellion within the party differs from a group of leaders leaving the party. This intra-Party issue is not a cause for violation. The BMC (Civic Body) elections are upon us, so we need to decide who the party is. The Uddhav Thackeray faction unnecessarily associates things with EC procedures.

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Who came to court first?

Team Eknath Shinde

We have overwritten a notice of disqualification issued by the Deputy Speaker. The court suspended it. Have I renounced membership in the political party? No I haven’t. Just because I didn’t come to a party convention outside doesn’t mean I’m no longer a party member.

On the internal party dissent…

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So you mean, once you’re elected, a political party doesn’t matter anymore?

Team Eknath Shinde

Intra-party differences of opinion are no reason for a violation. We confuse political parties with leaders. So-and-so party is so-and-so leader.

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Can you say that since the Chief Minister refused to meet you, you decided to form a new political party?

Team Eknath Shinde

We never said there was a new political party. We do not say that there are two Shiv Senas. We say that there are two groups within the same Shiv Sena. A leader has lost the confidence of party members.

What is not a reason for resignation…

Team Eknath Shinde

There were changes within the Shiv Sena party. There are factual controversies on various subjects. The basic premise of the Anti-Apostasy Act is that when you left your party, no one determined that there was a disqualification. The Thackay faction is asking for disqualification notices, but so far no one has been disqualified. Failure to attend a Party meeting held outside the home is not a reason to defect.

To the anti-defect law

Team Uddhav Thackeray

Does the anti-deletion law still apply at all or is it only on paper?

Team Eknath Shinde

The Anti-Secession Law is not for a leader who has lost the confidence of his own party members and wants to somehow imprison them and keep them in power.

‘Fruit of the poisonous tree’…

Team Uddhav Thackeray

The only defense available to them was if they merged with another political party, but they don’t say they did. The constitutional mark of apostasy is so severe that they should not be recognized as government. These are the fruits of a poisonous tree and should not be allowed to proceed.

Why urgency in the case…

Team Thackeray

They (rebellious MLAs) sat in Guwahati (in Assam) and declared themselves a political party. Its purpose is to legitimize defectors. Any action they have committed is a rule violation. The government of Maharashtra is illegal, so whatever decisions it makes will also be illegal. Hence the urgency of the matter for a solution.

Separation from original party…

Team Thackeray

Separation from the original party is also considered a “situation”. There are laws for every situation. And laws say they are only recognized as a separate group, not a party. But they (Team Shinde) claim they are the political party, which is not true. You submitted this declaration to the EK (election commission).

Registration with the electoral commission?

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Say if out of 100, 70 MLAs say they are the party itself, do they have to register with the electoral commission or go before the speaker?

Team Thackeray

They have to register with the EC (Electoral Commission) when forming a new party, but no registration when merging into another party. But it’s also about balance. 1/3 remains in the party. The 2/3 cannot say: “We are the party”.

What the law says…

Team Thackeray

The laws require that they (Shiv Sena factions) have merged or formed a new political party.

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But what if 2/3 come out of the party? Need to start a new party?

Team Thackeray

Yes, either that or merge.

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