Supreme Court To Hear Shiv Sena Symbol Dispute On November 12; Uddhav Seeks Hearing Before Maharashtra Local Polls

The Supreme Court on Wednesday agreed to hear on November 12 the plea filed by Uddhav Thackeray challenging the Election Commission of India's decision to recognize the Eknath Shinde faction as the official Shiv Sena and allot it the party's traditional symbol, the bow and arrow.

A Bench comprising Justices Surya Kant, Ujjal Bhuyan, and NK Singh took note of the submission made by Senior Advocate Kapil Sibal, appearing for Thackeray, who sought urgent listing of the matter.

“There's urgency. Local elections are scheduled for January. Please hear it at the earliest,” Sibal urged.

Responding to the request, Justice Surya Kant said, “We will take it up on 12 November.” Sibal also sought listing of the petitions challenging the Maharashtra Speaker's refusal to disqualify the MLAs belonging to the Eknath Shinde faction.Justice Kant noted that the disqualification matter was listed before another Bench and observed that Sibal would need to obtain the Chief Justice's permission to have both matters listed together. Sibal agreed to do so.

Senior Advocate Mukul Rohatgi appeared for Eknath Shinde.

The petition assails the Election Commission's February 2023 order which awarded the party name and symbol to the faction led by Maharashtra Chief Minister Eknath Shinde, following the split in the Shiv Sena post the 2022 political crisis in the state.

Thackeray's camp has contended that the ECI failed to consider the real test of party majority within the organizational structure and instead gave undue weight to the strength of the Shinde faction among elected MLAs.

Case Title: UDDHAV THACKERAY Versus EKNATHRAO SAMBHAJI SHINDE AND ANR., SLP(C) No. 3997/2023