Experts question Shinde camp’s claim of issuing whip to Thackeray camp

Mumbai: Though the party whip of chief minister Eknath Shinde’s camp, Bharat Gogawale, has claimed that they will issue a whip to all the 56 MLAs of Shiv Sena, including Thackeray camp, legal experts have put a question mark on its applicability as the Election Commission of India’s (ECI) order recognises the split in the party

Mumbai: Though the party whip of chief minister Eknath Shinde’s camp, Bharat Gogawale, has claimed that they will issue a whip to all the 56 MLAs of Shiv Sena, including Thackeray camp, legal experts have put a question mark on its applicability as the Election Commission of India’s (ECI) order recognises the split in the party.

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After the ECI order recognising Shinde camp as Shiv Sena and allotting it the name with its poll symbol, Shinde camp leaders have started claiming various issues related to the authority of the party. Gogawale, on Monday, reiterated that his party’s whip will now be applicable to all the 56 MLAs of Shiv Sena.

“All 16 MLAs from Thackeray camp, including Aaditya Thackeray, will have to obey our whip,” claimed Gogawale. Shiv Sena (UBT) party president Uddhav Thackeray denied the claim by referring to the statements in ECI order.

“We have challenged the ECI order but at the same time, that order also says there is a split in the party. It means ECI has recognised us as a separate group and in that case, the whip is not applicable to our MLAs. There is no question of obeying the Shinde camp whip,” said Thackeray.

The Shinde camp has 40 MLAs, Thackeray camp has 16 and Sunil Prabhu is the party whip. In legislative council, Thackeray camp has 12 MLCs and all of them have submitted their affidavits in support of Uddhav. So, at present, Shinde camp has no member in the council. Thackeray camp has not appointed anyone as the party whip in the upper house.

Not just the Thackeray camp but legal experts, too, disagree with Gogawal. Advocate Shrihari Aney termed his claim as more political than legal. “ECI, in its order, has clearly said that there is a split in the party. So now, it is beyond doubt that Shinde camp and Thackeray camp are two different political groups and, in that case, no party can issue the whip to another. So, there is no question of disobeying the whip by other group,” said Aney.

Anant Kalse, former principal secretary to the state legislature, also did not agree with Gogwal’s claim. “As per the ECI order, there is a split in the party. In such a case, prima facie applicability of whip issued by one faction to another faction is not possible,” said Kalse.