The Maharashtra political crisis triggered by Eknath Shinde's rebellion in the Shiv Sena has now moved to the next phase, with Chief Minister Uddhav Thackeray seeking the disqualification of several rebel MLAs.
Shinde, formerly the head of the Shiv Sena's legislature party, has been removed from his post, but he argues that his faction is the true Shiv Sena, upholding the legacy of Balasaheb Thackeray, who founded the party.
The rebel leader also claims to have the support of 40 Shiv Sena MLAs, just over 2/3 of the legislature party (there are 55 Shiv Sena MLAs in the Maharashtra Assembly). This arithmetic could prove crucial when it comes to the application of the anti-defection law, as the rebels can argue that they fit within the exception for mergers under the law.
The argument that Shinde's faction is the true Shiv Sena is a crucial one, as this could be used to argue that Uddhav Thackeray and co have no power to seek disqualification of the rebels, or issue whips to them regarding how to vote in any floor test/vote of no confidence.
But how is one supposed to decide which faction is the true party? Is this a decision for the Speaker of the House or the courts or someone else? And what are the factors that have to be kept in mind when making such a decision?