The Shiv Sena has got itself worried over a recent ruling of the Supreme Court which stated that elected representatives like members of legislative assemblies would lose their seats the moment they are convicted of any criminal offence.

The apex court had struck down section 8 (4) of the Representation of the People Act as ultra vires of the Constitution. It said that an elected representative stands disqualified from the date of his conviction in a criminal offence. It said the mere fact that the convicted politician has appealed against his conviction does not imply that he would continue to hold office.

Deeply concerned about the impact of this judgment on his party, Uddhav Thackeray, Shiv Sena leader, has asked all his party legislators to submit details of criminal cases pending against them. On Friday, which was the last day of the monsoon session of the state legislature, the party circulated forms (see box) to all its legislators, asking them for details of their criminal record, if any. The legislators are required to fill in details of criminal cases and their status in the courts.

Said Shiv Sena member of parliament, Anil Desai, “Most of the criminal cases pending against our legislators are the outcome of their participation in political agitations. The ruling party often asks the police to file false cases against those who protest against the policies of the government.”

Sources close to Thackeray said that the latter was using the Supreme Court verdict to give the Sena an image makeover. The Sena, which was founded by Uddhav’s father, the late Bal Thackeray, in 1966 at a rally at Shivaji Park, had always functioned as a militant organisation. Its followers had participated in several violent demonstrations over the past several decades, including the gory communal riots of January 1993.

Thackeray senior wanted the party to retain its aggression and praised members who had taken part in violent actions. However, after the death of Bal Thackeray last November, Uddhav, who emerged as his political heir, has been trying to convert the 47-year-old organisation into just another political party, but with firm determination to win the polls.

Ever since he took over the organisation, the party has been eschewing violence. In fact, a few months ago Uddhav even showered praise on chief minister Prithviraj Chavan of the Congress, which was a highly unusual thing to do.

“Uddhavji is a gentleman and wants all of us to be one. We are used to aggression. But then he is our leader and hence we have no choice but to behave,” a shakha pramukh observed.

In fact, the Maharashtra Navnirman Sena (MNS), a breakaway party led by Raj Thackeray, is continuing the violent legacy of Bal Thackeray. Raj is a nephew of Thackeray senior.

A senior police official, who is closely monitoring the Shiv Sena, said “I will not be surprised if the Shiv Sena goes back to its old ways if MNS gains popularity.”