The Speaker of Maharashtra has determined that Chief Minister Eknath Shinde’s faction holds the “legislative majority” and is the “real” Shiv Sena. This decision has been contested, and the opposition points to a May 2023 Supreme Court judgment that advised against basing such decisions solely on legislative majority. The court emphasized that determining the real political party involves more than numbers and should consider leadership outside the legislative assembly. The court had clarified that a split from the original party without a subsequent merger or new faction formation is not a defense against disqualification for defection, as the relevant provision has been deleted from the Tenth Schedule.
Maharashtra Speaker’s Decision on Shiv Sena Leadership Contested
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