For the second consecutive year, the arrival of monsoon rains in Maharashtra has brought not only relief from drought but also a political storm that engulfs the state. The chief minister of Maharashtra, Eknath S Shinde of Shiv Sena, completed one year in office on June 30, but his disqualification for allegedly relinquishing his party membership hangs in the balance before the Supreme Court. Consequently, questions arise regarding his authenticity as the leader of the Shiv Sena. Adding fuel to the fire, Ajit Pawar, a prominent leader of the Nationalist Congress Party (NCP), joined forces with the Shinde faction, leading to the formation of a tripartite government comprising the Shiv Sena, BJP, and the breakaway NCP group led by Ajit Pawar. Pawar assumed the position of deputy chief minister, sharing the post with the BJP’s Devendra Fadnavis. The irony of this situation is not lost, as Fadnavis, once the sole occupant of the chief minister’s seat, now finds himself cramped in half of the deputy chief minister’s seat. Further complicating matters, eight other NCP members of the legislative assembly (MLAs) were sworn in as ministers in the Shinde-led government. However, NCP patriarch Sharad Pawar swiftly responded by issuing disqualification petitions against Ajit Pawar, Sunil Tatkare, and the remaining MLAs who took oath as ministers. Disqualification petitions based on the grounds of voluntarily giving up party membership have been filed, challenging the authenticity of the newly formed faction.
The Tenth Schedule of the Constitution, which deals with defection, allows legislators to claim a merger only when at least two-thirds of the party’s members in the legislature merge with another political party. To establish a merger with the BJP or the Shiv Sena, the Ajit Pawar-led faction would require the support of at least 36 MLAs. Alternatively, they must prove themselves as the ‘real’ NCP. The ongoing dispute has also raised questions about the disqualification petitions filed against Eknath Shinde and the rebel MLAs who supported him. These petitions, filed more than a year ago, are currently with speaker Rahul Narwekar, who replaced the previous deputy speaker. The issue of whether a speaker facing a no-confidence motion can decide on disqualification petitions has been raised by the Shinde faction. The Supreme Court, in its May 2023 judgment, emphasised the need for reasonable and expeditious disposal of such petitions by the speaker. While the legal battle ensues, the Election Commission of India’s decision to recognise the Shinde faction as the “Shiv Sena” has stirred controversy. The court clarified that the ECI’s decision under the Symbols Order should not necessarily align with the speaker’s decision under the Tenth Schedule. Moreover, it stressed that the test of legislative majority alone should not be the sole determining factor in identifying the authentic faction of a political party.
As the intra-party disputes within the Shiv Sena-BJP-NCP alliance escalate, Maharashtra finds itself in a state of political uncertainty. The allocation of ministerial portfolios to the NCP has become a contentious issue, further muddying the waters of Mumbai’s political landscape. The ongoing political turmoil in Maharashtra raises concerns about stable governance and effective decision-making in the state. It is crucial for the political parties involved to find a resolution and restore stability, allowing Maharashtra to navigate through these challenging times and fulfill the aspirations of its citizens.
