Political
Diary
New
Delhi, 28 June 2022
Shiv
Sena Vs Shiv Sena
MAHA
MELODRAMA
By
Poonam I Kaushish
Fatigued and bored of Indo-China war games on India’s
eastern front? Flip attention to the west coast where a first rate
emotion-filled politico-drama is being enacted. A political saga of “Aaya Ram
Gaya Ram”, replete with “garbar ghotala”, “sacha jhoota” and
“mirch-masala” of democratic norms. A roller coaster, where Operation
Original and Operation Fake go hand-in-hand thanks to Operation Rebels.
How should one describe the ongoing farcical drama in
Maharashtra whereby Shiv Sena’s 39 MLAs of 55 led by Urban Development Minister
Eknath Shinde rebelled against Chief Minister Udhav Thackeray landed in Surat
onwards to Guwahati pushing the State’s Maha Vikas Aghadi coalition of
NCP-SS-Congress to the brink. A desperate Sena is busy issuing threats with
Assembly Dy Speaker issuing disqualification notice to Shinde and 15 others.
Undeniably, these happenings once again brutally expose two
reprehensible facets of our rulers’ democratic temper. At the political level,
governance is shamelessly all about cutting deals, side deals and underhand
deals in a milieu of you-scratch-my-back-and-I-yours with power being a strong
glue.
The Dy Speaker (NCP MLA officiating as Speaker, who is
yet to be elected) has become a convenient tool of MVA by issuing
disqualification notices to 16 rebels who countered by serving a no-confidence
motion against him, thereby generating bad blood between Lilliputian
politicians. Even as the Centre appointed Governor watches keenly.
The
coming days will pose a test for both Constitutional institutions with the
Supreme Court giving an interim direction, allowing Shinde group to reply to
the disqualification notice by 11 July. Adding,
“Any change in the strength and composition of the Assembly, by disqualifying
sitting MLAs, for the period during which the notice of resolution for the
removal of the Speaker (or Dy Speaker) is pending, would conflict with the
express mandate of Article 179(c).”
Which states: A member holding office as Speaker or Dy
Speaker may be removed from office by an Assembly resolution passed by a
majority of all the then members of the Assembly clearly
suggests that all those who were members of the House at the time when such a
resolution is moved should have the right to vote on it.
This, the Court averred means even MLAs
who are liable to be disqualified have a right to vote on the resolution to
remove the Speaker, hence he cannot prevent such members from voting on the
resolution by disqualifying them beforehand thereby restricting him from going
ahead.
Furthermore it cites its verdict
on Nabam Rebia vs. Dy Speaker, Arunachal Pradesh Assembly,
where it held that it would be Constitutionally impermissible for a Speaker to
adjudicate upon disqualification petitions under the Tenth Schedule, while a
notice of resolution for his own removal from the office of Speaker, is
pending. It queried how Speaker Rebia preemptively disqualified rebel MLAs on
grounds of defection before the Assembly could meet.
Alternatively, if the resolution to remove the Speaker is
taken up first, after 14 days of notice as required, and if the resolution is
defeated, the Speaker will be in a position to decide the disqualification of
MLAs before the confidence vote is considered by the Assembly. This will ensure
that those members who are liable to be disqualified do not have the right to
vote on the confidence motion.
Under the Tenth Schedule a MLA can be disqualified on two
grounds: One, if he voluntarily gives up Party membership on whose ticket he
was elected. Two, if he violates the Party whip on voting in the Assembly
without obtaining the Party’s prior permission or violation of Party’s
direction is not condoned within 15 days from the date of voting or abstention.
Ironically, the vote cast by a MLA in violation of the
Party’s direction would have to be counted as a valid vote, even though the MLA
is liable to be disqualified on defection grounds. Consequently,
there is an element of compulsion on the ruling Party and Assembly’s presiding
officer to decide on the disqualification issue first, before voting on the
confidence vote is scheduled.
Additionally, the rebel group can
write to Governor Koshiyari pressing for an early floor test in the Assembly
claiming the support of more than 39 Sena MLAs besides many Independents. In
normal times it is the Government's prerogative to summon the Assembly but as
the Sena is facing a revolt from within the Governor can use his discretion and
order a floor test.
At another level, Shinde
followers assert more than Udhav’s unavailability, reliance on few
advisers, leadership failure by his inherent resistance to playing a
24x7 politician, is disillusionment amongst MLAs over his putra
moh, inability or unwillingness to accommodate rising ambitions within.
Alongside, Udhav’s neglect of rural and mofussil areas given
Matoshree’s preoccupation with Mumbai and the cash-rich BMC instead of
deepening and expanding Sena’s social base.
Besides, dispensing with Hindutva
ideology and joining hands with rivals NCP-Congress. They will not settle
for anything short of termination of MVA and renewal of erstwhile BJP-Sena
alliance as they are true inheritors of Sena’s charismatic founder
Balasaheb Thackeray, not his reticent son.
But Sena leaders discount this as Udhav continues to have
reasonable control of the Party machinery. They cite that none of the 12 netas support
Shinde, of 32 upnetas only four, not one among 5 secretaries
and only some of 33 sampark pramuks and 101 zila chiefs.
Moreover, ordinary Saniks continue to owe allegiance to the family.
Interestingly, Thackeray was ready
to resign last week after he realized “there was no way out” but reportedly
Pawar who arduously stitched the alliance convinced him not to.
Today he is caught between a rock and hard place. He will have to keep the Sena
intact, failing which establish his faction as the real Sena. He might
sacrifice the MVA to save his Party.
However, a split in the Sena appears
inevitable. In that case, the Shinde group can either join BJP or claim to be
the official Sena and enter into alliance with it. Whichever way Shinde goes,
he will have to rely on the BJP to contest the next election.
Even as Pawar says the Government
will stay the course the NCP supremo is strategising for Uddhav,
trying to salvage a very difficult situation. As the three strange
bedfellows have never trusted one another, with each pulling the other in a
different direction.
The BJP hurting post its break-up
with Sena in 2019 has seized the opportunity and is fishing in troubled waters
adopting a wait-and-watch approach as it has nothing to lose with the
rebels ensconced in Assam helmed by it and aided by investigating
agencies. Already two senior NCP Ministers are in jail on corruption
charges.
What next? No doubt, defection is a part of politics.
However, fractured verdicts do not give licence for a free-for-all politics
of gaddi and gaddari which has become chalti
ka nam gaddi, with no stops in sight!
The time has come to set healthy and gracious conventions
for high Constitutional offices which calls for fairness, uprightness and
adherence to Constitutional values and conventions. Remember, what
matters are not men but institutions. One can tit for an individual but not tat
on the State. It is imperative our democracy is put back on the rails. -----
INFA
(Copyright, India News & Feature Alliance)
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