SC gives relief to Uddhav Thackeray faction from disciplinary action, but refuses to stay EC order

The protection, along with the liberty to use the interim party name and poll symbol—Shiv Sena (Uddhav Balasaheb Thackeray) and the flaming torch—will be till further notice

The Supreme Court on Wednesday gave Uddhav Thackeray’s Shiv Sena faction temporary relief ahead of the upcoming budget session, saying its MLAs are for the moment not bound by the Election Commission-approved Shiv Sena’s whip. The court, however, refused to stay the ECI order recognising the Eknath Shinde group as the real Shiv Sena.

The protection, along with the liberty to use the interim party name and poll symbol—Shiv Sena (Uddhav Balasaheb Thackeray) and the flaming torch—will be till further notice. The ECI had earlier this week ruled in favour of the Shinde faction, allotting it the party name Shiv Sena, and the bow-and-arrow symbol. On Tuesday, the Shinde faction leaders took possession of the Shiv Sena offices in the state legislature and Parliament. The Uddhav faction moved court against the ECI decision.

No stay on ECI order

Hearing the Special Leave Petition, the SC refused to stay the ECI order, while giving the Uddhav faction MLAs immunity from disqualification if they defy the party whip. When the Thackeray faction’s lawyer, Kapil Sibal, raised the issue of whip and disqualification of MLAs, the court asked the Shinde faction’s lawyers to say on record that their client will not issue a whip.

Also Read: SC rejects Uddhav faction's suggestion to decide disqualification proceedings against Shinde camp

Uddhav Thackeray. Pic/Ashish Raje

During legislative sessions, parties issue a whip–a specific order asking legislators to support certain decisions or while voting, which, if violated, could lead to disqualification of elected representatives. The SC asked both parties to come back with their respective submissions in the ECI order in two weeks.

Debate over time frame

Later, the two camps disagreed on the time-frame regarding the Uddhav faction’s immunity from the party whip, with the budget session of the state legislature scheduled for four weeks starting February 27.

Thackeray’s associate Anil Parab claimed the protection was not just for two weeks till the next hearing, but till the time the court finally decides upon its petition. But Shinde Sena’s chief whip, Bharat Gogawale, said the immunity was for just for the two weeks till the next hearing. “We will decide depending on the prevailing situation,” he said. Parab responded, “They can... if they wish to violate the Supreme Court’s directive.”

Shinde’s associate and MP, Rahul Shewale, said the ECI order was not stayed, and their stand that their chief whip can dictate terms to Uddhav’s MLAs was vindicated. “Till Tuesday they said they don’t have to respect our whip, but today they changed their stance (in the court),” he said.

Question of funds

The Uddhav faction had also raised the issue of the Shinde group staking claim to the Shiv Sena’s bank accounts and offices. Parab said the SC has asked them to come back if fund or property transfers were made while the petition was being heard.

Disciplinary panel formed

In its first national executive meeting after the split, the Shiv Sena vested all powers in Chief Minister Eknath Shinde as the party’s chief leader late on Tuesday night. It was decided to not stake claim to the money or property of the other faction.

“The late Balasaheb Thackeray’s ideology is our property,” said party leader Uday Samant. The meeting also resolved to forge a pre-poll pact with an ideologically cohesive partner (read BJP). Most importantly, the meeting decided on a three-member disciplinary panel.

Among other resolutions, the party sought the Bharat Ratna for VD Savarkar; demanded the renaming Churchgate station after economic policy doyen and one of Independent India’s first finance ministers CD Deshmukh; promised 80 per cent jobs to the sons of the soil in industries that will be set up henceforth; promised classical language status for Marathi and pledged full support to the local youth in the union and state public service examinations.

Feb 27
Day when the state legislature’s budget session will begin

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