22 hrs ago
Supreme Court Questions Shinde Faction’s Claim to Shiv Sena Symbol
The Shiv Sena split into two groups in 2022, one led by Eknath Shinde and the other by Uddhav Thackeray.
The Election Commission gave the Shinde group the party name and its bow-and-arrow symbol.
Thackeray’s group challenged that decision in the Supreme Court.
The judges asked whether lawmakers accused of leaving the party improperly should benefit from the symbol.
Shinde’s lawyer said the number of elected lawmakers supporting his group can help show which side represents the party.
The judges also questioned whether counting party members proves that ordinary members support a group.
A separate case concerns whether Shinde faction lawmakers should have been disqualified.
The court’s hearing was not finished and will continue Wednesday.
The Supreme Court questioned whether the Shiv Sena’s bow-and-arrow symbol should remain with lawmakers facing defection disqualification proceedings.
The court is hearing challenges to the Election Commission’s decision recognising the Eknath Shinde faction as the real Shiv Sena and allotting it the symbol.
Shinde faction lawyer Neeraj Kishan Kaul defended using legislative strength to determine which faction represents the party.
The faction said its 40 supporting legislators represented 76% of votes cast for the 55 Shiv Sena MLAs elected in 2019; it also cited figures for its MPs.
The hearing was inconclusive and will continue Wednesday; a separate plea challenges the Speaker’s decision not to disqualify Shinde faction MLAs.
- Who
- The Supreme Court, the Eknath Shinde and Uddhav Thackeray factions, and the Election Commission of India.
- What
- The court is hearing challenges to the Election Commission’s recognition of the Shinde faction as the Shiv Sena and its allocation of the bow-and-arrow symbol.
- Where
- The Supreme Court of India.
- When
- The hearing took place Tuesday and will continue Wednesday; no calendar date is given.
- Why
- Uddhav Thackeray’s faction challenged the Election Commission’s decision following the 2022 split in the Shiv Sena.
Thackeray Faction and Court Concerns
Shinde Faction’s Arguments
How to identify the party’s representative faction
Thackeray Faction and Court Concerns
The Thackeray faction challenges the Election Commission’s recognition of the Shinde faction; the court questioned whether legislative numbers alone establish genuine party support.
Shinde Faction’s Arguments
Kaul argued that legislative strength is a legally valid test when a constitutional authority considers the relevant factors.
Effect of pending disqualification proceedings
Thackeray Faction and Court Concerns
The court questioned whether the symbol should benefit lawmakers accused of defection or those who complained of it.
Shinde Faction’s Arguments
Kaul argued that pending disqualification proceedings do not by themselves prevent the Election Commission from deciding the symbol dispute.
Who should receive the symbol
Thackeray Faction and Court Concerns
The court had earlier asked whether the Election Commission could withhold the reserved symbol from both factions and require them to use separate symbols.
Shinde Faction’s Arguments
Kaul said the symbol should go to the faction that establishes itself as the real political party; if neither does, a separate question would arise.
Key facts
- Party dispute
- The Shiv Sena split into factions led by Eknath Shinde and Uddhav Thackeray in 2022.
- Symbol at issue
- The Shiv Sena’s reserved bow-and-arrow symbol.
- Election Commission decision
- The commission recognised the Shinde-led faction as the real Shiv Sena and allotted it the symbol.
- Legislative figures cited
- The Shinde faction said 40 supporting legislators accounted for 76% of votes cast for the 55 Shiv Sena MLAs elected in 2019.
- Parliamentary figures cited
- Neeraj Kishan Kaul said 13 supporting MPs accounted for 73% of votes cast for the party’s 18 elected MPs.
- Separate disqualification challenge
- Sunil Prabhu challenged Speaker Rahul Narwekar’s January 10, 2024 decision not to disqualify Shinde faction MLAs.
- Next hearing
- The hearing was inconclusive and will continue Wednesday.
Quotes
Justice Joymalya Bagchi
Supreme Court justice who questioned the treatment of the Shiv Sena symbol during the hearing.
“Will the sentiment of the symbol operate for persons who have committed the constitutional sin, or will it operate for the persons who complained of the constitutional sin?”
telegraphindia.com
Sources
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