Mumbai: Warring factions of the Shiv Sena are locked in a battle of whips in the Maharashtra Legislative Assembly which convened for the Budget session Monday. This is the first sitting of the Vidhan Sabha since the Election Commission (EC) allotted the ‘Shiv Sena’ name and ‘bow and arrow’ symbol to the Maharashtra CM Eknath Shinde-led faction, much to the dismay of the one led by former chief minister Uddhav Thackeray.
The Supreme Court has, for now, shielded MLAs of the Thackeray-led Shiv Sena (UBT) from disqualification for not complying with the whip issued by the Shinde group since the top court is hearing disqualification petitions filed by both groups against each other’s MLAs.
The Uddhav-led faction has also moved SC against the EC order.
On the first day of the budget session Monday, MLA Bharat Gogawale — chief whip of the Shinde-led faction — issued a whip to all 56 MLAs of the undivided Shiv Sena. Of the 56 MLAs, 40 are with Shinde.
Later in the day, Shinde wrote to Neelam Gorhe, deputy chairman of the state legislative council, informing her about his decision to name Viplove Gopikishan Bajoria as the Sena’s chief whip in the Upper House. Currently, 11 MLCs of the undivided Shiv Sena remain with Thackeray.
The Sena (UBT) also picked its chief whip in the Vidhan Parishad — MLC Vilas Potnis.
Legislators of a party are bound to adhere to the whip issued by the party’s chief whip when voting on an important issue. For instance, a whip was issued ahead of the floor test which Shinde won last July. Similarly, both factions had issued their individual whips ahead of the nomination of the speaker of the House.
According to experts, any action initiated against MLAs of the Sena (UBT) by the whip of the Shinde-led faction may not be applicable since the EC has acknowledged that there is a split in the party. The poll panel has also allowed the Thackeray-led faction to use the name ‘Shiv Sena (UBT)’ and the ‘flaming torch’ symbol, even if on a temporary basis, they add.
Experts also said that while the EC has allotted the party’s established name and symbol to the Shinde-led faction, clarity is still awaited on how the other faction should be treated in the legislature.
Former Lok Sabha secretary general P.D.T. Achary told ThePrint, “Although one faction is recognised as the real party, the EC order doesn’t specify what needs to be done with the other faction. And one cannot wish away the rest of these MLAs.”
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‘Very peculiar situation’
Anant Kalse, former principal secretary of the Maharashtra legislature, said though it is a “very peculiar situation”, he does not believe there will be “any major developments” over the whip issue in the ongoing session.
“In the past 40 years, I have seen many political upheavals, but not seen that one party was claimed by two entities. After the Congress and NCP split, the original Congress went through a split where its main symbol was frozen. Many such cases happened in the past. But this is a first in Maharashtra’s history and it will be a landmark judgment,” he told ThePrint.
Kalse added that while the Maharashtra Legislative Assembly speaker has issued statements in this regard, the Shinde faction has assured the SC that it will not issue any whip in the ongoing Budget session.
Following the EC order, the presiding officer of the legislative council is reportedly looking into technical aspects of the appointment of the chief whip of the party as the official ‘Shiv Sena’ name belongs to the Shinde faction. However, the Shinde faction does not have sufficient MLCs in the Upper House to trounce the numbers of the Thackeray faction.
Gogawale told media persons Tuesday, “At the moment, the name of the party has become ours, the symbol of the party has become ours, so we have named Viplove Bajoria as chief whip. Though we have fewer members in the legislative council at present, it would seem that this picture will change in the coming time and our numbers will increase there as well.”
Speaking to ThePrint, Shiv Sena (UBT) MLA Ajay Chaudhari, on the other hand, said, “Let Narvekar say anything he wants. But there is an SC order that they cannot issue a whip to us. We have been a separate group and intend to remain so. Our strategy will be to be aggressive over various topics in the state.”
A defiant Chaudhari added, “When the lure of Rs 50 crore didn’t change us, what will happen now? We are loyal to Uddhav Thackeray and won’t switch sides. We will remain as a separate party and aggressively put forth our views on the floor of the house.”
‘Whip legally incomprehensible’
Constitutional expert and former advocate general of Maharashtra, Shrihari Aney said the EC has legally recognised the factions as two separate parties and therefore, any action against MLAs of the Thackeray faction will be more political than legal. “It is a political ruse by which it is trying to attract a possible breakaway faction of the remaining Thackeray MLAs. Otherwise, the whip from Shinde side to Thackeray is not legally binding,” he said.
He, however, added that the Thackeray faction has to secure legislative recognition as a party by approaching the speaker.
“I feel a whip to the Thackeray group is legally incomprehensible. It is like BJP issuing whip to the Congress, or Congress issuing whip to NCP. Despite being alliance partners, the BJP’s whip won’t be applicable to Shinde and his MLAs. It runs within the party. Same thing applies here. Except in political situations,” Aney told ThePrint.
As for Shiv Sena (UBT) leaders, they will have to depend on legal counsel to decide whether to send a letter to the speaker to recognise the remaining MLAs as a different faction and demand a separate office.
Nobody can compel MLAs of the Thackeray faction to join the Shinde camp against their will, said Achary. “Though the EC order spelt who gets the party, what will happen to the Thackeray group is not clear. They have to be accommodated somewhere, maybe as a separate group. But EC has to recognise them.”
He added that there is a provision in the Tenth Schedule of the Constitution to address how the “remaining 1/3rd group has to be accommodated”.
Achary said that any action taken against MLAs of the Thackeray faction will imply that the Shinde group is sending out a message that now is the time to switch loyalties.
(Edited by Amrtansh Arora)