Maharashtra political crisis: Which, now, is the 'real' Shiv Sena?

1 week ago 6

NEW DELHI: The rebellion by an overwhelming bulk of Shiv Sena MLAs has led to the question whether the radical led by

Eknath Shinde

is present the ‘real’ Sena arsenic opposed to the archetypal 1 led by CM

Uddhav Thackeray

. If Shinde has the enactment of much than 37 MLAs (over two-thirds) that helium claims, volition his radical beryllium seen arsenic the existent Sena? Who decides which is the existent Shiv Sena successful lawsuit of a split?

Explaining the situation, erstwhile Lok Sabha caput wide PDT Achary, an adept connected the Constitution, said, “Only the Election Commission (EC) tin determine connected which radical is the existent Shiv Sena. If the Shinde faction calls itself the existent Shiv Sena, adjacent with the 37 MLAs that it claims it has connected its side, it volition person to marque a petition to the Election Commission to recognise it arsenic Shiv Sena party.”

He said the process could lone commencement erstwhile the radical formally applied to the EC, which would past person to travel the Election Symbols (Reservation and Allotment) Order to determine whether the radical could beryllium recognised arsenic the Shiv Sena party. “As of now, Uddhav Thackeray is the person of Shiv Sena. The clip has not yet travel for designation of the breakaway radical since determination is nary petition with the EC,” Achary told TOI.
This process of being recognised arsenic the “real” Shiv Sena has thing to bash with the House, Achary said. “In this case, the House, which is the Maharashtra assembly, is not acrophobic with the process of designation astatine the moment. The House volition enactment connected the ground of Para 4 of 10th Schedule of the Constitution, that deals with the anti-defection law,” helium added.

Achary said that adjacent with two-thirds majority, the Shinde radical cannot debar disqualification without merging with BJP.
“If determination is simply a merger of a governmental enactment with different and members of the legislature, successful this lawsuit two-thirds of the Shiv Sena, hold to the merger, past determination is simply a mode retired connected not being disqualified. That is, if the Shiv Sena decides to merge with BJP, past the members (MLAs) tin flight disqualification successful accordance with the anti-defection law,” Achary said.

Therefore, it simply means that to debar disqualification, 2 conditions person to beryllium fulfilled. First, “original governmental enactment should merge with different party” and second, “two-thirds of the members (of Shiv Sena) of the archetypal enactment should hold to the merger with different party” (BJP successful this case). “Without these 2 conditions fulfilled, the members are liable to disqualification, going by the anti-defection law,” Achary said.
He referred to the caller verdict by the Goa seat of

Bombay High Court

, successful the lawsuit wherever 10 of 15 Congress MLAs joined BJP, to accidental that Para 4 of 10th Schedule says that “if two-thirds of MLAs merge with different governmental party, past they volition beryllium exempt from the anti-defection law".


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