Even as the Thackeray-led group is holding its ground in the Supreme Court saying they are the parent party and want the other group led by CM Eknath Shinde to be derecognised, Maharashtra Assembly speaker Rahul Narvekar said ahead of the budget session on Friday, that he considered only one Shiv Sena as official. He also said he considered all its 56 MLAs, including both these groups, as one legislative party.

So far, two separate Sena groups were working in the legislature, with Shinde’s in majority in the Assembly and Uddhav Thackeray’s the largest in the Council. The impact, if any, in the upper house, doesn’t affect the stability of the government but is limited to the post of the Opposition leader and deputy chairman’s posts (which the Thackeray group hold). The 12 Sena members have sworn on affidavit that they back Thackeray.

Rahul Narvekar, speaker, Maharashtra

Narvekar told a group of journalists on Friday that his premise was based on the 10th Schedule of the Indian Constitution. “I will go strictly by the 10th schedule and rules of Maharashtra Vidhan Sabha. So far, no group of MLAs has approached me with a request to get recognised as a separate group in the house,” added Narvekar.

Also Read: SC gives relief to Uddhav Thackeray faction from disciplinary action, but refuses to stay EC order

The 10th schedule says that a person is said to be part of a political party if he has been a candidate belonging to that party before elections to that seat took place. It also deals with an anti-defection mechanism that has provision for a merger with the other parties and disqualification, if the laid rules are violated.
In the power struggle that ensued after Shinde defected, the two factions have MLAs who were elected as the candidates of the united Shiv Sena, which, after the Election Commission of India’s order is controlled by Shinde, instead of former CM Uddhav Thackeray. The SC is also hearing a bunch of petitions about the disqualification of MLAs and formation of the Shinde-Fadnavis government.

Shiv Sena workers pass by Sena Bhavan on Dussehra in 2022. Uddhav Thackeray’s group is the largest in the council. Pic/Ashish Raje

Last week, the Shinde faction was recognised as the Shiv Sena’s legislative party in the Assembly of 288 members. The 16 MLAs owing allegiance to Thackeray are in a quandary because they fear disqualification in case they violate a whip issued by the ECI-recognised party led by Shinde. However, they have been granted a temporary impunity till further order by the Supreme Court which is hearing an appeal against the commission’s order. The Shinde group has assured the court that it will not issue a whip.

The budget session to be conducted from February 27 to March 25 is expected to be held under the shadow of the legal proceedings that were decided by the ECI and those held in the apex court.

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