The case arose from a split in the party in June 2022. Undivided Shiv Sena headed by Uddhav Thackeray was in power in the State in alliance with Congress and the NCP (known as Maha Vikas Aghadi) before Shiv Sena split and came to power under Eknath Shinde in alliance with BJP and Ajit Pawar faction of NCP.
Both factions then sought disqualification of the other.
The allegation for seeking disqualification were that the members of both factions had not complied with the order of the Chief Whip of the party (persons responsible for organising party’s contribution to the parliamentary business).
The speaker came to hear the disqualification petitions after a Constitution Bench of the Supreme Court ruled in May 2023 that the Speaker of the Legislative Assembly is the appropriate constitutional authority to decide the disqualification petitions within a reasonable period.
It thereafter ordered the Speaker to decide on the matter by December 31, after allegations were made before the top court that the Speaker had been delaying the proceedings.
Chief Minister Eknath Shinde led faction of Shiv Sena then claimed before the speaker that his MLAs never received any whip as a whip was never issued. Hence, there was no violation of the whip.
The faction also added that they were upset with the Maha Vikas Aghadi alliance and that is why they withdrew from the alliance. This act of joining the government did not amount to a violation of the legislative rules inviting disqualification.
Uddhav Thackeray led faction of Shiv Sena argued that when the Maha Vikas Aghadi was formed in alliance with Congress and NCP, the rebels did not communicate their opposition.
Source: Barandbench
