In June 2022, Eknath Shinde, along with 39 other MLAs, led a rebellion that split the Shiv Sena. The then Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government had fallen. Camped in Guwahati for several days, the Shinde faction – now called the Balasahebchi Shiv Sena (BSS) – claimed that it was the ‘real’ Shiv Sena because of its numerical strength. The Thackeray camp – the Shiv Sena (Uddhav Balasaheb Thackeray) – denied this, and accused the rebels of defying the party whip.
For seven months both sides are locked in a compound legal trouble – Disqualification pleas, claims on party name and symbol – in the Supreme Court and Election Commission (EC). The former will resume hearing of arguments from February 14. The latter will hear the plea on January 30.
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News18 spoke to advocate Ujjwal Nikam, Special Public Prosecutor and leading legal expert on the issue and precedents in such cases.
Edited excerpts:
Defection is not a new thing in Indian politics. Leaders have jumped ship in the past, formed separate groups, and even fought over symbols. how different [or similar] What about Chief Minister Eknath Shinde?
One such case happened in Tamil Nadu [in 1987-88] After the death of Dravida Munnetra Kazhagam (DMK) founder MGR (MG Ramachandran). There, a fight broke out between Jayalalithaa and Janaki (MGR’s wife) over who would head the party. Jayalalithaa had a majority of elected candidates, while Janaki controlled the party base.
But before the Election Commission takes a decision on the matter, both [Jayalalithaa and Janaki] reached an agreement. That’s why didn’t decide.
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Something similar is happening in Maharashtra. Uddhav Thackeray’s group is claiming that he is leading the party and he is the election symbol [bow and arrow] Must go to him. While Shinde’s group is also claiming that they are the original Shiv Sena, saying Thackeray is in the minority because of the majority [of] elected legislator [39 of the 55 Sena MLAs and 12 of the 19 Sena MPs] are not with him.
The purpose of the anti-defection law was to prevent politicians from defecting. [It did give exceptions like if two-thirds of the members agree to a merger with another party, they will not be disqualified], But with a majority of MLAs on his side, doesn’t this make Shinde’s case stronger on paper?
It is not a question of strong or weak matter. Undoubtedly, Shinde has the majority of the elected people. But at the same time, the Thackeray group also holds the majority of the organisation.
tenth schedule [anti-defection law] Horse-trading had to be stopped after the elections. Amendments were made by the Parliament from time to time for true democracy.
But, such a situation [like Shinde’s] what has happened in maharashtra no one thought [then],
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There are two clear circumstances which attract the Tenth Schedule – Voluntarily giving up membership of a political party. [In that case]He ceases to be a member of that party.
Second, if he disobeys the whip of the party, he may be disqualified.
Now, the contentious question is whether he voluntarily quit the membership – Thackeray is alleging that Shinde and his supporters left Mumbai and did not obey the whip, and hence he voluntarily quit the party. [which Shinde’s faction opposes],
But currently the original issue is over election symbol,
Let us come to the Election Commission, where both are staking claim on the name and the symbol. from the total number of affidavits [filed before the EC], Thackeray claims that the organization is with him. Shinde says that most of the MLAs are with him. Which is usually given more importance in such situations?
Traditionally, the Election Commission has given priority to elected members of a political party. [to decide the dispute],
a few years ago [2016-17]In Uttar Pradesh, a split was also seen in Mulayam Singh Yadav’s Samajwadi Party, which is registered with the Election Commission as the election symbol of a bicycle.
“The constitution of a political party is equally important. It is the Bible of any political party… So the Election Commission has to look into it closely, verify the facts and figures of both the parties and then take a decision.”
When Akhilesh Yadav [Mulayam’s son] He was the Chief Minister of UP, there was a difference of opinion between the two. Mulayam Singh Yadav then went to the Election Commission and said that the party’s bicycle symbol should not be given to Akhilesh as he is the “founder of the political party”.
The Election Commission then considered that both the elected MLAs and the organization were with Akhilesh and did not give any relief to Mulayam Singh Yadav.
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… But according to me the constitution of the political party is equally important. This is the bible of any political party… So the Election Commission has to look into it closely, verify the facts and figures of both the sides and then take a decision.
Apart from the ownership of the party, the Election Commission will also decide on the election symbol. It had earlier temporarily stopped the name ‘Shiv Sena’ and its bow and arrow symbol in the lead-up to the Andheri East bypoll. [last year], Is there a possibility that Prateek could be grounded forever, whichever way the verdict goes?
I can’t rule out that possibility. You see, earlier also when there was a split in the Congress [in 1969 under then Prime Minister Indira Gandhi] Between Congress (Organization) and Congress (Indira), their earlier symbol was a pair of bulls. that symbol [post the 1969 split] was frozen [by the Election Commission] And the two sides were given different symbols.
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[Here too,] If the Election Commission finds it difficult to ascertain from the claims and counter-claims of both [Shiv Sena] group, it is quite likely that they can freeze the symbol forever, they [EC] May give new symbols to both and ask them to register as new political parties.
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