1 week ago
Thackeray Faction Tells Supreme Court Shinde Camp Reaps Defection Benefits
The Supreme Court is hearing a fight between two groups claiming to be the real Shiv Sena.
The group led by Uddhav Thackeray says the group led by Eknath Shinde benefited from defections.
It says the Election Commission gave Shinde’s group the party name and election symbol mainly because it had more legislators.
The Thackeray group argues that some legislators should first be disqualified for defecting.
It wants the Supreme Court to decide whether that happened and when.
The court asked what practical result such a disqualification would have now.
The Thackeray group said the court could still make a legal declaration.
The Shinde group will present more arguments on September 2.
The Shiv Sena (UBT) told the Supreme Court that the Shinde faction continues benefiting from alleged defections.
Senior advocate Devadatt Kamat argued that the Election Commission relied substantially on legislative majority to award the party name and bow-and-arrow symbol.
The Thackeray faction asked the court to determine whether members committed defection and when they consequently lost membership.
Kamat said the Supreme Court could determine disqualification itself if the Speaker failed to act, citing constitutional provisions under the Tenth Schedule.
The Thackeray faction completed its submissions, while the Shinde group is scheduled to resume final arguments on September 2.
- Who
- The Shiv Sena (UBT), led by the Thackeray faction, and the Eknath Shinde-led faction; the case is being heard by the Supreme Court.
- What
- The court is hearing challenges to the Election Commission’s recognition of the Shinde faction as the original Shiv Sena and its allocation of the party name and bow-and-arrow symbol.
- Where
- The proceedings took place before the Supreme Court in New Delhi.
- When
- The hearing resumed on August 20, with the Shinde group scheduled to resume final arguments on September 2.
- Why
- The Thackeray faction argues that the Election Commission improperly relied on a legislative majority whose members’ alleged defections had not been resolved.
Thackeray Faction’s Position
Election Commission’s Decision
Basis for the party symbol
Thackeray Faction’s Position
The Election Commission should not have relied on legislative majority while the legal status of the relevant legislators remained disputed.
Election Commission’s Decision
The Election Commission recognized the Shinde faction and awarded the party name and symbol substantially on the basis of its legislative majority.
Alleged defections
Thackeray Faction’s Position
The Supreme Court should determine whether members defected and declare the date on which they lost membership.
Election Commission’s Decision
The article reports the Election Commission’s recognition decision but does not detail the Shinde faction’s response to the disqualification argument.
Key facts
- Disputed party name
- Shiv Sena
- Disputed election symbol
- Bow and arrow
- Election Commission decision
- The Shinde faction was recognized as the original Shiv Sena and received the party name and symbol.
- Thackeray faction’s argument
- The Shinde group continues to enjoy the alleged fruits of defection.
- Key legal issue
- Whether alleged defectors lost membership under the Tenth Schedule and from what date.
- Petitions
- The Thackeray faction filed two pleas in 2024 challenging the Election Commission’s order.
- Earlier Election Commission order
- The disputed recognition order was issued on February 17, 2023.
Quotes
Devadatt Kamat
Senior advocate representing the Thackeray faction
“The fruit of the alleged defection which they continue to enjoy today is the party symbol. That symbol rests upon their so-called legislative majority.”
theprint.in
“In this case, they have already enjoyed the fruits of defection because the matter could not be heard in time.”
theprint.in
Sources
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