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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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.
governor
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.
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.
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.
supreme court
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.
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.
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.
supreme court
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.
supreme court
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.
supreme court
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.
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.
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.
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.
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.
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).
supreme court
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”.
Team Thackeray
The laws require that they (Shiv Sena factions) have merged or formed a new political party.
supreme court
But what if 2/3 come out of the party? Need to start a new party?
Team Thackeray
Yes, either that or merge.