MUMBAI: Along with the question of the Shiv Sena‘s two constitutions – the 1999 and 2018 versions – the issue of non- service of whips despite the claims that they were sent via WhatsApp messages emerged as a key factor in Maharashtra assembly Speaker Narwekar’s ruling in the Sena MLAs’ case.
On the issue of whips, the Speaker held that Uddhav faction whip Sunil Prabhu failed to establish the service of whip and found that the faction could not offer any statement or material to suggest that whips in the form of ‘WhatsApp messages’ were sent to the Shinde faction.
For Eknath Shinde in particular, the only material produced by the Uddhav faction was a screenshot of a WhatsApp message. Sunil Prabhu stated the ‘whip’ was sent via WhatsApp to all members of the ‘Shinde faction,’ who according to him were not traceable.
Narwekar said in his order, “However, ‘UBT faction’ has not offered any statement or any material to even suggest that such ‘WhatsApp messages’ were sent to other ‘Shinde faction’. Thus, the ‘UBT faction’ has failed to establish that whip/notice was served upon the ‘Shinde faction’ on 21st June 2022. As to the service of whip on Eknath Shinde, the only material produced by the ‘UBT faction’ is an alleged screenshot of a WhatsApp message sent by one Manoj Harishchandra Chaughule to one Prabhakar Kale….shows that the said message was sent at 12:31 pm on 21st June 2022, for a meeting which was allegedly scheduled for 12:30 pm.”
The order added, “Thus, it is abundantly clear that none of the (sic) ‘Shinde faction’ were ever served any notice/whip for the alleged meeting dated 21st June 2022.”
The Uddhav Thackeray faction has said that it will move the Supreme Court against the Speaker’s ruling. In his order on Wednesday, rejected all 34 qualification petitions in the case and spared all the 54 MLAs from the two factions but ruled that the Shinde faction was the real Shiv Sena.
Narwekar held that the Sena constitution of 1999, which was the official constitution on the Election Commission’s (EC) record, didn’t have any post of ‘paksha pramukh’ and that Uddhav Thackeray didn’t have any power to remove Eknath Shinde as party leader.
“Since there was no consensus between the parties on the ‘constitution of the Shiv Sena’ and the ‘leadership structure’, the Speaker first determined which was the official constitution of the Shiv Sena and what the leadership structure of the Shiv Sena was in 2022.
On the issue of whips, the Speaker held that Uddhav faction whip Sunil Prabhu failed to establish the service of whip and found that the faction could not offer any statement or material to suggest that whips in the form of ‘WhatsApp messages’ were sent to the Shinde faction.
For Eknath Shinde in particular, the only material produced by the Uddhav faction was a screenshot of a WhatsApp message. Sunil Prabhu stated the ‘whip’ was sent via WhatsApp to all members of the ‘Shinde faction,’ who according to him were not traceable.
Narwekar said in his order, “However, ‘UBT faction’ has not offered any statement or any material to even suggest that such ‘WhatsApp messages’ were sent to other ‘Shinde faction’. Thus, the ‘UBT faction’ has failed to establish that whip/notice was served upon the ‘Shinde faction’ on 21st June 2022. As to the service of whip on Eknath Shinde, the only material produced by the ‘UBT faction’ is an alleged screenshot of a WhatsApp message sent by one Manoj Harishchandra Chaughule to one Prabhakar Kale….shows that the said message was sent at 12:31 pm on 21st June 2022, for a meeting which was allegedly scheduled for 12:30 pm.”
The order added, “Thus, it is abundantly clear that none of the (sic) ‘Shinde faction’ were ever served any notice/whip for the alleged meeting dated 21st June 2022.”
The Uddhav Thackeray faction has said that it will move the Supreme Court against the Speaker’s ruling. In his order on Wednesday, rejected all 34 qualification petitions in the case and spared all the 54 MLAs from the two factions but ruled that the Shinde faction was the real Shiv Sena.
Narwekar held that the Sena constitution of 1999, which was the official constitution on the Election Commission’s (EC) record, didn’t have any post of ‘paksha pramukh’ and that Uddhav Thackeray didn’t have any power to remove Eknath Shinde as party leader.
“Since there was no consensus between the parties on the ‘constitution of the Shiv Sena’ and the ‘leadership structure’, the Speaker first determined which was the official constitution of the Shiv Sena and what the leadership structure of the Shiv Sena was in 2022.
