Thackeray group's MLAs are eligible, but Shiv Sena belongs to Shinde; 10 highlights from Rahul Narvekar's result

Shiv Sena MLA Disqualification Case: The result of the Shiv Sena MLA Disqualification Case, which is catching the attention of the entire country, was announced today by Assembly Speaker Rahul Narwekar. Rahul Narvekar read out only the salient points today while pronouncing the verdict.

The hearing was conducted by including a total of 34 petitions in six groups. Accordingly, this result will be read in six groups. There is a result of around 200 pages and a result paper of around twelve hundred pages has been prepared for six groups. Consequently, only a summary of the results from the six groups was read. The hearing was conducted by including a total of 34 petitions in six groups in the Shiv Sena MLA disqualification case. Accordingly, the results were read in six groups. A complete copy of the Nikla has been sent to both groups.

The Speaker of the Legislative Assembly gave a decision on whose party Shiv Sena belongs to in his result paper. It considered the constitution of the party, the leadership structure and the legislative party. The constitution of Shiv Sena in the Election Commission was taken for granted. The Assembly Speaker said that the changes in Shiv Sena's constitution were not found in the Election Commission's constitution. The Assembly Speaker also said that the changes made in the party constitution in 2018 are not with the Election Commission.

The salient points of the judgment pronounced by the Assembly Speaker Rahul Narvekar are as follows:

• The Speaker of the Legislative Assembly gave a decision on whose party Shiv Sena belongs to in his result paper. Prima facie, the Shiv Sena Constitution of 1999, which is held by the Election Commission, has to be relied upon. The Thackeray group demanded that the 2018 constitution be accepted, insisting that the 1999 constitution of the Shiv Sena was valid from the assembly speaker. However, the president rejected the Thackeray group's demand. He said that the Shiv Sena constitution given by the Election Commission is valid.

• No elections were held in the party on 23 January 2018. This observation was reported by Assembly Speaker Rahul Narvekar.
• The Shiv Sena party chief has no power to expel anyone from the party. Therefore, Eknath Shinde has no right to remove him from the post of Legislature group leader.
• A decision to withdraw from the party can be taken only after discussing with the national executive.
• Adv. Jethmalani brought up the discrepancies in the documents and documents in the cross-examination of Sunil Prabhu.
• The party's national executive meeting is claimed to have taken place on June 25, 2022. Also, Prabhu claims in his affidavit that seven decisions were taken in this meeting. But no minutes of this meeting are attached to the affidavit. It is written on the letterhead of Shiv Sena that the decision has been taken but apart from that there are no signatures on it
• Therefore, it is clear that the election of Uddhav Thackeray as party chief in the year 2018 is not in accordance with the constitution of the party, said Rahul Narvekar.
• The result is that Shiv Sena under the leadership of Eknath Shinde is the real Shiv Sena
• Rahul Narvekar confirmed that Bharat Gogawle's whip was valid.
• Sunil Prabhu has no right to convene a legislative session.
• Prabhu could not present any proof that the Shiv Sena Legislature Party meeting was convened.
• Shiv Sena belongs to Shinde. Prabhu has no right to call a meeting.
• MLAs are not disqualified because they did not attend the meeting.
• Out of touch, MLAs cannot be disqualified on this ground alone. Moreover, it was proved that Milind Narvekar, Ravindra Phatak of Thackeray group met Eknath Shinde in Surat.
• Since it has been proved that Shinde's is the real party during the transfer of power, the disqualification cannot be decided on the issue of non-attendance in the Shiv Sena Legislature Party meeting on 21 June 2022.
• Shinde group MLAs cannot be disqualified.
• MLAs of Thackeray group are also eligible, disqualification action cannot be taken against them.

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