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Supreme Court Questions Shiv Sena Symbol Allocation to Shinde Faction
The Shiv Sena party split into two groups led by Eknath Shinde and Uddhav Thackeray in 2022.
Both groups wanted to use the party’s name and its bow-and-arrow election symbol.
The Election Commission gave the name and symbol to the Shinde group in February 2023.
The Thackeray group challenged that decision in the Supreme Court.
The court asked why neither group was instead given the old symbol.
It also questioned whether counting lawmakers was fair while some lawmakers’ disqualification cases were pending.
Shinde’s lawyer said the group had more support among elected lawmakers and that this was a valid way to decide the dispute.
The court will continue hearing the case on September 22.
The Supreme Court questioned why the Election Commission did not deny the bow-and-arrow symbol to both Shiv Sena factions.
The court is reviewing the Election Commission’s recognition of the Eknath Shinde faction as the Shiv Sena.
Shinde faction lawyer Neeraj Kishan Kaul defended using legislative strength as the primary test under the Election Symbols Order.
The Shinde faction had support from 40 MLAs, while 15 supported the Uddhav Thackeray faction; among 18 Lok Sabha MPs, the split was 13 to five.
The hearing concerns challenges to the symbol decision and the Maharashtra Speaker’s decision not to disqualify Shinde-aligned MLAs.
- Who
- The Supreme Court, the Election Commission of India, and the rival Shiv Sena factions led by Eknath Shinde and Uddhav Thackeray.
- What
- The Supreme Court is reviewing the Election Commission’s decision to recognise the Shinde faction as the Shiv Sena and allot it the bow-and-arrow symbol.
- Where
- The proceedings are before the Supreme Court in New Delhi.
- When
- The hearing resumed on September 17, and the next hearing is scheduled for September 22.
- Why
- The Thackeray faction has challenged the symbol decision, arguing that a legislative majority should not automatically control the party’s name and identity.
Thackeray Faction and Court Concerns
Shinde Faction’s Defence
Use of legislative majority
Thackeray Faction and Court Concerns
The Thackeray faction argues that a majority among legislators cannot take control of the Shiv Sena’s political identity, name, and election symbol.
Shinde Faction’s Defence
The Shinde faction says legislative strength was a valid consideration, particularly because its legislators held greater support among elected representatives.
Pending disqualification proceedings
Thackeray Faction and Court Concerns
The court questioned whether legislators facing disqualification proceedings should be counted when determining which faction controls the party.
Shinde Faction’s Defence
Kaul argued that pending disqualification proceedings could not by themselves prevent the Election Commission from deciding the symbol dispute.
Allocation of the reserved symbol
Thackeray Faction and Court Concerns
The court suggested that if the available tests were insufficient, neither faction could have been given an advantage and both could have contested with separate symbols.
Shinde Faction’s Defence
The Shinde faction defended the Election Commission’s decision to recognise one faction after considering the party’s constitution, organisational structure, and support among elected representatives.
Key facts
- Party split
- The Shiv Sena divided into Shinde and Thackeray factions in 2022.
- Election Commission decision
- In February 2023, the Election Commission recognised the Shinde faction as the Shiv Sena and allotted it the bow-and-arrow symbol.
- Maharashtra MLAs
- Forty MLAs supported the Shinde faction and 15 supported the Thackeray faction.
- Lok Sabha MPs
- Thirteen of the Shiv Sena’s 18 elected Lok Sabha MPs supported Shinde, while five supported Thackeray.
- Shinde faction’s argument
- Neeraj Kishan Kaul said legislative strength was a valid and workable test under Paragraph 15 of the Election Symbols Order.
- Court’s question
- The Supreme Court asked whether both factions could have been denied the reserved symbol and required to contest using separate symbols.
- Next hearing
- The hearing is scheduled to resume on September 22.
Quotes
Justice Joymalya Bagchi
Supreme Court justice and member of the bench hearing the Shiv Sena dispute
“Although finally, as you rightly said, the consequence (of decision on disqualification proceedings) no longer exists. But a declaration can also be made in respect of whether the (EC’s) order was correct or not. A relief in the nature of a declaration is maintainable.”
theprint.in
“If all the tests stood vitiated, there was always the option available to them not to give an advantage to either of these groups. Let them select their own symbols and fight on their own strength, not on Balasaheb's,”
freepressjournal.in
Sources
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