Supreme Court To Hear Shiv Sena Election Symbol Dispute In August

The Supreme Court will be hearing in August Uddhav Thackeray's plea challenging Election Commission of India's decision to allot the official name and symbol ('bow and arrow') of Shiv Sena to Eknath Shinde group.The case was listed today before a bench of Justices Surya Kant and Joymalya Bagchi, pursuant to an application filed by Uddhav Thackeray seeking interim reliefs ahead of Maharashtra local body elections.However, Justice Kant indicated that the better course would be to hear and decide the main case itself. As such, the petition was listed in August."The only solution is we decide the main case. Somewhere in August we will adjust it. We will notify the date in evening" said Justice Kant to Senior Advocate Kapil Sibal (for Uddhav Thackeray).Briefly put, the application listed today sought interim arrangements similar to those ordered by the Court in the case of Nationalist Congress Party (NCP). In the said case, Ajit Pawar group was directed to advertise that its use of NCP's official 'clock' symbol was a sub-judice issue and subject to the final outcome of the petition filed by Sharad Pawar.Notably, the matter was mentioned twice during the partial Court working days for urgent hearing in view of an order passed by the Court on May 6 directing holding of Maharashtra local body elections. On May 7, the mentioning was made before a bench led by Justice Kant, which indicated that it would look into the case and have it listed during vacations if some urgency was indeed found. When the matter was not so listed, the case was mentioned again on July 2, when a bench led by Justice MM Sundresh agreed to list Uddhav Thackeray's application on July 14.BackgroundThe ECI, on February 17, 2023, recognized the Eknath Shinde group as official "Shiv Sena", allowing them to use the official "Bow & Arrow" symbol and "Shiv Sena" name. The Uddhav Thackeray faction was allowed to use the name "Shiv Sena (Uddhav Balasaheb Thackeray)" and the symbol of "flaming torch" for the upcoming bye-elections in Maharashtra assembly. The ECI had stated that it applied the tests mentioned in the 1971 Supreme Court judgment in Sadiq Ali v. Election Commission of India to come to its decision. A plea challenging this direction of the ECI was moved before the Supreme Court. Uddhav Thackeray alleged that the ECI failed to discharge its duties as a neutral arbiter of disputes, acted in a manner undermining its constitutional status, and was "biased and unfair".Another plea was filed by Shiv Sena (Uddhav Thackeray) party MP Sunil Prabhu seeking direction to the Maharashtra Legislative Assembly Speaker to expeditiously decide on the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde.While issuing notice in the present matter, the Supreme Court permitted Uddhav group to retain the name "Shiv Sena (Uddhav Balasaheb Thackeray)" and the symbol "flaming torch" in terms of paragraph 133(IV) of the ECI order during the pendency of the matter. The ECI allowed that interim arrangement in view of the bye-elections in Maharashtra assembly, scheduled to take place on February 26. The lawyers of Shinde group also gave a verbal undertaking that they will not take precipitative action against Uddhav group by issuing disqualification proceedings. The undertaking was not recorded in the order.In August, 2023, the case was mentioned before a bench led by ex-CJI Dr DY Chandrachud. On behalf of Uddhav Thackeray, it was argued that the matter was covered by the Constitution Bench judgment in the Shiv Sena case, which held that legislative majority cannot be used as a criteria to decide which faction is the real party. The Court however indicated that the case would be heard after hearing in the Article 370 case concluded.Case Title: UDDHAV THACKERAY Versus EKNATHRAO SAMBHAJI SHINDE AND ANR., SLP(C) No. 3997/2023Click Here To Read/Download Order

Supreme Court To Hear Shiv Sena Election Symbol Dispute In August

Debby Jain

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