Decode Politics: How Uddhav Shiv Sena failed a constitution test, helped Shinde faction case

While giving his decision on January 10 that the “real Shiv Sena” at the time of the party’s split on June 21, 2022, was the group led by Chief Minister Eknath Shinde, Maharashtra Assembly Speaker Rahul Narwekar maintained that the 1999 Sena constitution was the only “official” constitution to consider this question as it was submitted to the Election Commission (EC) by the party. Narwekar also ruled that the Sena’s 2018 amended constitution cited by the Uddhav Thackeray-led Sena (UBT), which gave him “unabridged powers”, was “not on record” before the EC and his office.

Clearly, not getting validation from the EC to the 2018 amended constitution turned out to be the “root cause” for Narwekar declaring the Shinde faction as the “real Sena” and rejecting the disqualification petitions against its MLAs.

The Speaker’s verdict also reignited questions within the Uddhav Sena over “poor handling” of the crucial matter by the party’s legal wing.

The Sena’s two constitutions (1999 and 2018 versions) and the Uddhav group’s issuing whips via WhatsApp messages to the Shinde faction legislators emerged as key factors in Narwekar’s ruling, but it was not for the first time that the 2018 constitution matter dealt a blow to the Uddhav Sena.

In its ruling on February 17, 2023, the EC had also recognised the Shinde faction as the “real Sena” and allotted it the undivided party’s name and symbol “bow and arrow”. While considering the 2018 constitution, the poll body underlined that it was “not on its records”. The Shinde group had called this party constitution “irrelevant” and “unconstitutional”.

Here is a look at how the 2018 Sena constitution has been a key factor in the EC and the Speaker’s decisions against the Uddhav faction.

The EC, in