Sena UBT counters BSS over ‘validity’ of Uddhav’s election as party chief

The BSS is trying to show that Thackeray’s appointments as chief whip in assembly and Lok Sabha were not legal. Shiv Sena (UBT) leaders said they would counter the same when they argue in favour of the ECI

Mumbai: While the next hearing in the Election Commission of India (ECI) on the claims made by rival factions that theirs is the real Shiv Sena will be held on February 14, the Shiv Sena (Uddhav Balasaheb Thackeray) is facing a dual problem.

Mumbai, India - December 15, 2022: Maha Vikas Aghadi leaders Ajit Pawar, Uddhav Thackeray, Prithviraj Chavan with other leaders during a press conference, at Ajit Pawar's offical bungalow, Devgiri, at Malabar Hill, in Mumbai, India, on Thursday, Dec 15, 2022. (Photo by Bhushan Koyande/HT Photo) (HT PHOTO)

The first challenge for Sena UBT is to prove that Uddhav Thackeray’s election as party chief in 2018 was legal and secondly, to re-elect him in the same position as his five-year tenure ends on January 23.

The party has sought permission from the ECI to conduct an organisational election so that Thackeray can be re-elected as party chief.

During the hearing before the ECI on Tuesday, chief minister Eknath Shinde-led Balasahebanchi Shiv Sena (BSS) challenged the validity of Uddhav’s appointment as Shiv Sena party chief in 2018. The BSS is trying to show that Thackeray’s appointments as chief whip in assembly and Lok Sabha were not legal. Shiv Sena (UBT) leaders said they would counter the same when they argue in favour of the ECI.

Shiv Sena MP Anil Desai attacked the Shinde faction for questioning the validity of Uddhav Thackeray’s election as party chief. “’All the leaders and MLAs-MPs, including current chief minister Eknath Shinde was given party tickets for election by the signature of Uddhav Thackeray as party chief elected by the organisation as per the constitution of Shiv Sena. Then nobody raised any doubt or question,’’ Desai said.

Shinde led a group of 40 Shiv Sena MLAs who rebelled against Uddhav Thackeray and pulled down the Maharashtra Vikas Aghadi (MVA) government led by him and with NCP and Congress as coalition partners. Shinde faction claimed that theirs was the original Shiv Sena since the majority of the MLAs (40 out of 54) and MPs (12 out of 19) were with them. Following the rebellion, Governor BS Koshyari asked Thackeray to prove a majority on the floor of the assembly within 24 hours. Thackeray, however, chose to resign as chief minister on June 30. Immediately after his resignation, Koshyari invited BSS-BJP to form the government. While the dispute between the two Sena factions reached the Supreme Court, the Shinde faction approached the ECI seeking recognition as the real Shiv Sena. Due to the dispute, the ECI froze Shiv Sena’s name and election symbol bow and arrow. It allotted temporary names and election symbols to both factions.

Kapil Sibal, lawyer of the Thackeray camp on Tuesday demanded in ECI that there should be no hearing till the Supreme Court (SC) takes the decision. Sanjay Raut, Anil Desai and Anil Parab from the Thackeray camp were present at the Election Commission.

‘’As per schedule 10 even if two third of MLA’s - MP’s split from the party the original party doesn’t lose its recognition,’’ said Sibal. He also said that the claim by the Shinde camp that Uddhav Thackeray’s election as party chief is not valid and baseless and unfair. Sibal also objected to the documents submitted by the Shinde camp and alleged that those documents were fake.

‘’We have full faith in the judiciary and the Election Commission. MLAs and MPs become the representative with the help of the party’s nomination. We have collected documents of 20 lakh members and also submitted 3 lakh affidavits. But they want to decide everything on the basis of the majority of the group of MLA’s and MP’s which is not fair. So, is India’s democracy in danger,” Desai said on Tuesday.

Naresh Mhaske, the spokesperson of Babasahebanchi Shiv Sena said, “In democracy majority has importance. Most MPs and MLAs are with us. Party gets symbol is granted on elective merits and party gets recognition on majority. It is also proven that Shiv Sena (Uddhav Balasaheb Thackeray) group has given false affidavits claiming high memberships and FIRs are also filed. EC goes my MLAs and MPs with any political party and the majority is with us.’’

Shinde faction’s lawyer Mahesh Jethmalani stated, “Eknath Shinde faction of Shiv Sena is the real Shiv Sena. On every test laid in law, the faction led by Eknath Shinde is the real Shiv Sena.”

Meanwhile, Desai said in Delhi on Wednesday that the party has sought permission to conduct organisational elections from the Election Commission of India. ‘’Uddhav Thackeray was re-elected as party chief for the second time on 23 January 2018. Now his five-year term is coming to end. So, we have sought permission from ECI to allow us to conduct an executive body meeting of the organisation and election process to elect the party chief.”

Uddhav was working president of Shiv Sena when his father and Sena founder Bal Thackeray was alive. Following the latter’s death in 2012, he was elected as Shiv Sena Paksha Pramukh (Shiv Sena party chief) in 2013. He chose to keep senior Thackeray’s designation as Shiv Sena Pramukh intact. His election was for five years and as such his tenure ends this month.