20 hrs ago
Shiv Sena Split Case: Shinde Faction Defends Election Commission Test
India’s Supreme Court is hearing a disagreement about which group is the real Shiv Sena.
One group is led by Eknath Shinde, and the other is led by Uddhav Thackeray.
The Election Commission gave Shinde’s group the Shiv Sena name and bow-and-arrow symbol.
Uddhav Thackeray’s group says that decision was wrong.
Shinde’s lawyer says the Election Commission had the power to study the party’s rules and organisation.
He also says the dispute involved a split in the whole political party, not only its lawmakers.
The court is also considering whether some lawmakers should have been disqualified.
The hearing was not finished and will continue.
The Supreme Court resumed final hearing on challenges to the Maharashtra Speaker’s refusal to disqualify Shinde-faction MLAs.
Senior advocate Neeraj Kishan Kaul defended the Election Commission’s authority under Article 324 to assess a party’s constitution and organisational structure.
Kaul said the Shinde faction’s claim involved a split in the political party, not merely its legislative wing.
The Uddhav Thackeray-led faction is challenging the Election Commission’s February 17, 2023, decision recognising Shinde’s group as the real Shiv Sena.
The hearing remained inconclusive and is scheduled to continue on Wednesday.
- Who
- The Supreme Court, the Eknath Shinde-led faction, the Uddhav Thackeray-led faction, the Election Commission, and Maharashtra Speaker Rahul Narwekar are involved.
- What
- The court is hearing challenges to the Speaker’s refusal to disqualify Shinde-faction MLAs and to the Election Commission’s recognition of Shinde’s group as the real Shiv Sena.
- Where
- The hearing is taking place in New Delhi before the Supreme Court of India.
- When
- The Supreme Court resumed the final hearing on September 15; proceedings will continue on Wednesday. The Election Commission issued its disputed order on February 17, 2023.
- Why
- The factions disagree over the legitimate Shiv Sena organisation, its name and bow-and-arrow symbol, and the validity of the organisational-majority test.
Uddhav Thackeray-led faction
Eknath Shinde-led faction
Election Commission recognition
Uddhav Thackeray-led faction
The faction is challenging the Election Commission’s decision recognising Shinde’s group as the original or real Shiv Sena and giving it the party name and symbol.
Eknath Shinde-led faction
The faction says the Election Commission acted within its Article 324 jurisdiction when it assessed the party’s constitution and organisational structure.
Meaning of the party split
Uddhav Thackeray-led faction
The faction disputes the legitimacy of the Shinde group’s claim to represent the Shiv Sena and has sought restoration of, or restrictions on using, the party name and symbol.
Eknath Shinde-led faction
The faction argues that its case concerns a split in the political party itself, not merely a split in the legislative party.
Organisational majority test
Uddhav Thackeray-led faction
The faction has challenged the use of the organisational test to support Shinde’s claim to the party.
Eknath Shinde-led faction
The faction says the test is necessary because the Election Commission cannot hold a referendum among every primary party member, and that grassroots cadre represent the party’s base.
Key facts
- Disputed Election Commission order
- The February 17, 2023, order allotted the Shiv Sena name and bow-and-arrow symbol to the Shinde faction.
- Shinde faction’s argument
- The Election Commission could examine the party constitution, organisational structure, and legislative wing under Article 324.
- Thackeray faction’s position
- It has called the Shinde group’s use of the Shiv Sena name and symbol illegitimate.
- Party constitution at issue
- Kaul said the constitution relied on by the Thackeray faction was not registered with the Election Commission, while a 1999 constitution followed correspondence with the poll body.
- Organisational majority test
- The test assesses which faction better represents the party organisation and cadre.
- Bench
- Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana are hearing the case.
- Next hearing
- The proceedings remained inconclusive and are to continue on Wednesday.
Quotes
Neeraj Kishan Kaul
Senior advocate representing the Shinde-led Shiv Sena faction
“Our case has never been that there was merely a split in the legislative party. Our case is that there was a split in the political party”
theprint.in
“The EC is not striking down internal elections or deciding who was rightly or wrongly elected in the manner of a civil court”
theprint.in
Sources
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