Two Shiv Sena factions to fight it out for control over the party

Mumbai: As Bharatiya Janata Party (BJP) leader Devendra Fadnavis announced rebel Shiv Sena leader Eknath Shinde the next chief minister of Maharashtra, the troubles of Shiv Sena leadership grew manifold. Sena chief Uddhav Thackeray now has to battle it out with Shinde to keep control of the Sena as well as its election symbol and even party offices, including the iconic Shiv Sena Bhavan. The battle between the two factions is likely to reach the Election Commission of India soon.

The Shinde faction, which has the strength of 39 MLAs, issued a letter on Thursday calling all Sena MLAs at the hotel in Goa, where the group is staying since Wednesday. Thackeray has 16 MLAs with him, including his son Aaditya, who represents Worli.

When the revolt broke out, Thackeray changed the group leader of the party and elected Ajay Chaudhary in place of Eknath Shinde. The move was contested by the Shinde faction contending that they did not have the majority of the MLAs.

The Sena also started the legal process to disqualify 16 MLAs, including Shinde. The rebel faction moved a no-confidence motion against deputy speaker Narhari Zirwal, stopping him to make a move on the disqualification proceedings.

The Supreme Court is slated to hear the matter of disqualification on July 11. Significantly, there could be a new speaker of the assembly and this one from the ruling alliance of the Shinde faction and the BJP as Governor BS Koshyari has convened a two-day special session of the state legislature on July 2 and 3 to elect the speaker of the assembly and for a floor test. New Speaker’s role would be important in deciding whose whip would be applicable to the party.

A day after Thackeray resigned as the chief minister, his close aides were engaged in meetings with legal experts on the predicament the party finds itself in. As Shinde took oath as the 20th chief minister of the state, the main challenge for the Sena is to keep control of the party in the legislature as well.

“The question is whose whip will prevail in the legislature? We are seeking legal opinion on the issues and preparing for a long battle in the court. Even though they have a two-thirds majority they are a breakaway faction. Shiv Sena is the original party, which has 16 legislators,” said a senior Sena leader. The Shiv Sena is also planning to approach the Election Commission of India to keep its bow and arrow symbol and party name, another Sena functionary said.

Deepak Kesarkar, rebel MLA, said that they have the majority MLAs and all legislators elected on the bow-and-arrow symbol will have to follow the whip. “When we registered our party in the assembly, all legislators have signed documents electing Eknath Shinde as the leader. The 16 MLA [with Thackeray] cannot change that decision. The whip issued by the majority will apply to all,” Kesarkar said.

To counter the bid of the Shinde faction to stake a claim on the party, the Thackeray faction has ensured that it has control over the party organisation including its national executive. This could be an important factor when the battle for the claim of the party reaches the Election Commission of India. The rebel faction however says it would not be a hindrance for them.

Kesarkar said that there are numerous judgements where the Constitution superseded the party’s constitution. He added that the rebel group, which in effect came to power on Thursday evening, would enforce the whip on the floor of the house. “The anti-defection law is applicable on what a legislator does on the floor of the house--for attending the legislature, for voting etc,” he added.

The move by the BJP to make Shinde the chief minister came as a big blow to the Shive Sena leadership, political analysts said. Just when Thackeray was preparing to use Shinde as a weapon to rebuild its base, the mass leader of the party was made the chief minister. This would make Thackeray’s job to rebuild the party more difficult. Shinde is now expected to grow stronger at the cost of the party. Thackeray could find it difficult to keep its remaining MLAs and MPs with them.