The Supreme Court will examine if the Election Commission's recognition of the Eknath Shinde faction as the official Shiv Sena and their allotment of the bow and arrow symbol is justifiable. This decision comes in response to a petition filed by the Uddhav Thackeray-led Shiv Sena.
The Supreme Court has expressed its intention to scrutinize the Election Commission's conclusion that the Shiv Sena had split due to a division within its legislative party. The court acknowledged the difficulty of disregarding the fact that a group originating from the legislative polls did not initially resonate within the primary organization.
Advocate Kapil Sibal, representing the Uddhav Sena, argued before a bench headed by Chief Justice Surya Kant that the Election Commission's reasoning might require reconsideration. He cited the Supreme Court's 2023 Constitution Bench judgment, which ruled that a legislative majority alone cannot determine the real party.
In response, Attorney General Mukul Rohatgi stated that the judgement does not necessitate ignoring a split in the legislature party if it is reflected in the organization and primary membership. Raising broader constitutional concerns, Sibal said that allowing the legislative wing of a party to be 'sold' to a ruling party could make a mockery of justice.
It is important to note that the Shiv Sena had split in June 2022, with then-Chief Minister Eknath Shinde claiming the support of 39 out of the Shiv Sena’s 55 MLAs, along with 10 independent MLAs. This rebellion against Thackeray's Maha Vikas Aghadi coalition led to the dislodgement of the Thackeray-led government. In 2023, the Election Commission of India handed over the official name and election symbol – the bow and arrow – of the Shiv Sena to the Shinde faction.
The outcome of this case could influence the future of the Shiv Sena as a political party, potentially affecting coalition dynamics and government formation.
Source:
Scroll.in
