Sena counsel probes power of whip and MLAs’ signatures

The 'Sena vs Sena' hearing in Mumbai focuses on the legitimacy of a whip by Uddhav Thackeray, former Shiv Sena chief, according to counsel Mahesh Jethmalani.

MUMBAI: The fourth day’s highlight in the ‘Sena vs Sena’ hearing which resumed at the Vidhan Bhavan, on Tuesday, was a question of legitimacy of the whip issued by then Shiv Sena chief Uddhav Thackeray.

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In the course of the cross-examination in the disqualification petitions against chief minister Eknath Shinde and Shiv Sena MLAs, Mahesh Jethmalani, counsel representing the Shinde faction stated that the whip issued by chief whip Sunil Prabhu (of the Thackeray faction) on June 21, 2022 was without any authority as he was removed from the post by 31 party MLAs with majority.

Jethmalani also stated that according to the resolution passed in the party’s meeting held in October 2019, Uddhav Thackeray was not authorised to appoint party’s office bearers with regard to the constitution submitted to the Election Commission of India. Prabhu responded that the move was on the basis of the inference that the MLAs had gone missing, derived from the statement of the MLAs themselves that they had backing of a “national force”.

Jethmalani then pointed out that the signatures of the now Shinde-backed MLAs on two different documents did not match. “You have stated that the resolution passed (to change Eknath Shinde as group leader) on June 22, 2022, at Varsha in the presence of Uddhav Thackeray, was seconded by MLA Dilip Lande, which actually did not take place. The legislator’s signature on the attendance sheet is different from that on the resolution,” he said.

On Jethmalani’s request, speaker Rahul Narwekar noted the discrepancy in the signature.

Sena counsel probes power of whip and MLAs’ signatures

The counsel then said that the party did not submit the copy of the resolution to the speaker or deputy speaker. “The alleged resolution never came into existence and thus there was no question of its submission… The covering letter attached with the resolution has the signature of all 56 MLAs, barring Uddhav Thackeray,” said Jethmalani.

Prabhu called attention to the fact that there was no question of Thackeray’s signature as all the MLAs had given the right to elect the group leader to Thackeray, and they had signed the resolution. When Jethmalani said that he had no power to whip them as 31 MLAs had passed the resolution the previous day to remove him from the post, Prabhu said MLAs had no right to change the chief whip; the rights only lay with the party chief.

Subsequently, replying to Jethmalani’s question how the party arrived at the conclusion that the MLAs had shifted their allegiance and the MVA government’s fate was at stake, Prabhu said that it was based on the media reports and on-ground facts.

“The MLAs who had sided with Shinde had said that they were backed by a “national force” and were set to take an appropriate decision. The statements were telecast on news channels. This means they had made up their mind to defect and the decision was based on this factual position,” said Prabhu.

When Jethmalani asked “national” or “anti-national” force, Prabhu said “national”.