No split or merger, just faction in Sena: Shinde group to Supreme Court

The Eknath Shinde faction of the Shiv Sena has contended that it 'neither merged' with any political party nor 'split from Shiv Sena'. Appearing for the faction, senior advocate Neeraj Kishan Kaul contended before a Constitution bench of the Supreme Court on Wednesday that the rebel MLAs led by Eknath Shinde was a "rival faction within Shiv Sena which needs to be recognised as the main party and it has been done so". Kaul denied the charge of split in Shiv Sena as contended by the Uddhav Thackeray faction. He argued that rebel MLAs led by Shinde was a 'splinter group'.

"Our case was not that we did not have faith in chief minister Thackeray, but that we could not be in alliance with INC and NCP, since we were of competing ideology and we were in pre-poll alliance with BJP. Political dissent does not mean voluntarily giving up membership of the political party," Kaul contended.

Questioning the resignation of Uddhav Thackeray without facing the floor test, Kaul argued, "how can a chief minister ever say that he will not face a floor test? It is held that the floor test is the litmus test of a true democracy. The governor has to just see whether the government of the day enjoys the majority or not." He also contended, "we have never claimed that we have a new original political party...we are saying that we are the same political party."

Speaking for the bench, Chief Justice of India DY Chandrachud said, "split does not postulate that a member who split leaves the party... The 10th Schedule also operates in case of majority or minority of members and (there is) no difference in application of 10th Schedule. As a matter of propriety, should the governor have invited Mr Shinde to form the government?"

The CJI said, "if the 39 (rebel MLAs) were ousted, then Eknath Shinde would not have been called to form the government and maybe BJP would have been invited. The petitioner (Thackeray faction) is correct in saying that Shinde was called to form the government only because the Speaker did not disqualify him." The hearing will continue on Thursday.