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Speaker Narwekar says he will decide whose whip is applicable
Narwekar, a BJP MLA from Colaba, was elected as speaker by 164 MLAs after the Shinde-Fadnavis government was formed in June last year. Although he maintained that on the records of the legislature the Shiv Sena was one party, he recognised the Shinde faction’s Bharat Gogawale as the party whip in place of the Thackeray’s group’s Sunil Prabhu. Gogawale’s appointment was termed illegal by the SC on Thursday.
Mumbai: After the apex court, in its May 11 verdict, left it to the assembly speaker to decide on the petitions related to the disqualification of the 16 MLAs who defected from the Shiv Sena last year, Speaker Rahul Narwekar is expected to be at the epicentre of political activities in the state. His decision will decide the real Sena on the floor of the assembly, the fate of the MLAs from the Thackeray group and, in turn, the existence of the 10-month old Shinde-Fadnavis government.
Narwekar, a BJP MLA from Colaba, was elected as speaker by 164 MLAs after the Shinde-Fadnavis government was formed in June last year. Although he maintained that on the records of the legislature the Shiv Sena was one party, he recognised the Shinde faction’s Bharat Gogawale as the party whip in place of the Thackeray’s group’s Sunil Prabhu. Gogawale’s appointment was termed illegal by the SC on Thursday.
On Thursday, Narwekar, who is in London, said he would have to recognise which faction was the real Sena before going on to the disqualification petition. “After giving hearings to the pending petitions, examination, cross-examination, verification and looking at the provisions of the party constitution, a decision will be taken on recognition,” he said after the SC order. “This will help in deciding the appointment of the whip.”
Narwekar said that the decision on the disqualification would be taken by following due process and “keeping natural justice in mind”. “It would not be possible to set a time-frame, keeping in mind the doctrine of ‘Justice hurried is justice buried’, but at the same time even justice delayed is justice denied,” he said.
While speaking on the SC’s stricture on his appointment of the whip, Narwekar said that calling it a stricture would be a misinterpretation of the judgement. “Gogawale’s being made whip was not an appointment,” he said. “It’s just that his name was recognised after the Shinde faction made an application.”
All the legalese notwithstanding, Narwekar is expected to give the Shinde-led Sena recognition as the real Sena. This could be on the lines of the Election Commission of India’s decision in February to give it the symbol and name of the original Shiv Sena. In such a case, the 16 members with the Uddhav Thackeray-led faction of the party could be fit to be disqualified if they defy the whip issued by the Shinde-led Sena.
When asked what would happen to the Thackeray faction, Narwekar said it would not be appropriate to speak about either faction till one or the other was recognised. “The disqualification depends on various factors, including defying the party’s order, opting to not vote according to the party order or a member opting voluntarily to give up membership,” he said.
Constitutional expert Ulhas Bapat said that the Supreme Court has not set a deadline to decide on the disqualification, and its order was also silent on the defection by 16 members of the undivided Shiv Sena. “There is ambiguity if others who joined them later come under the purview of the defection,” he said. “Though the Election Commission allotted the party name and symbol to the Shinde faction, the speaker will decide on the recognition of the real Sena and, in turn, the whip of the party. Unfortunately, the speakers in our country are not free from party obligations, and thus one can predict the decision.”
When asked to comment, NCP chief Sharad Pawar said that the disqualification decision would now have to be taken by the speaker, and the parties would have to appear before him with their stands. “The speaker is a constitutional entity, and and it is his duty to safeguard the sanctity of the house. It would not be appropriate to comment on his stand without actually waiting for his verdict,” he said.
Shiv Sena (UBT) chief Uddhav Thackeray said, “Though the SC has recognised the constitutional right of the speaker by leaving it to him to take a call on the disqualification, it has clarified that the whip issued by us will be applicable. It has said that the whip issued by the rebel group will no more be applicable. If the people sitting in constitutional chairs have any integrity left, they should learn a lesson from the court’s strictures.”
