Can key Thackeray aide Sachin Ahir be disqualified for Sena switch

Ahir is considered close to Sena (UBT) leader Aaditya Thackeray and among the party’s key faces in Mumbai.

Responding to the development, Sena (UBT) leader Aaditya Thackeray said the party would initiate appropriate action. “We have seen this for the last four years. Those to whom the party gave everything are leaving only for personal interests. He was made MLC, made deputy leader and given responsibilities. We will take appropriate action,” Aaditya said.

Shinde, however, maintained that the question of disqualification does not arise immediately as Ahir was elected to the Council from the undivided Shiv Sena. “When Sachin Ahir became MLC, all of us had voted for him. At that time he had contested from Shiv Sena on the bow and arrow symbol. Now also he is in Shiv Sena and the symbol is with us. So there is nothing to worry about,” Shinde said.

Ahir was elected to the Legislative Council on June 20, 2022, when the Shiv Sena was still united under Uddhav Thackeray. His six year term began in July 2022 and runs until July 2028.

Legislature officials said the Deputy Chairman’s election occupies a distinct legal position because nominations are filed by members of the House and not by political parties. “The only requirement is that the person should be a member of the House. Party affiliation is not central to the nomination process,” an official said.

Officials also pointed to another technical aspect that could complicate matters. “Now Ahir is the candidate himself. So even if party (Sena UBT) issues whip to vote for another candidate, it is not applicable to him since he himself is a candidate so it cannot be said that the whip has been defied. These are technical issues,” an official said.

Legal experts said Ahir’s likely election as Deputy Chairman could further complicate any immediate attempt to invoke the anti-defection law.

Advocate Asim Sarode said Paragraph 5 of the Tenth Schedule grants protection from disqualification proceedings to members occupying certain constitutional posts, including the Speaker and Deputy Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, Speaker and Deputy Speaker of Legislative Assemblies, and Chairman and Deputy Chairman of Legislative Councils.

“Paragraph 5 of the Tenth Schedule gives protection to those holding certain constitutional posts. If Sachin Ahir becomes Deputy Chairman, then immediate action under anti defection provisions may become difficult while he continues in that post,” Sarode said.

He said that while Sena (UBT) could still challenge Ahir’s move, his election as Deputy Chairman would present legal hurdles. “Mahayuti has majority and he is likely to win. If he gets elected Deputy Chairman, then legal hurdles can arise if the party moves against him immediately,” Sarode said.

According to Sarode, the issue of disqualification may arise later if Ahir resigns from the post or is removed.

Sources in Sena (UBT) said the party is examining its legal options and is likely to initiate disqualification proceedings in the coming days.