Shiv Sena (UBT) Seeks Urgent Hearing Of Election Symbol Dispute In Supreme Court Before Maharashtra Local Body Elections

Shiv Sena (Uddhav Balasaheb Thackeray) today requested the Supreme Court to urgently hear its petition challenging the Election Commission of India's decision to recognise the Eknath Shinde group as the official Shiv Sena and grant them the 'bow and arrow' election symbol. 

Senior Advocate Kapil Sibal made the request before a bench led by Justice Surya Kant in view of the fact that the Court yesterday ordered the holding of the Maharashtra local body elections. "Your lordships have said local body elections be held. There is urgency now," he said.

Sibal urged that he is relying upon the Supreme Court's 2023 Constitution Judgment which held that legislative majority cannot be used as a criteria to decide which faction is the real party. He argued that in the present case, the Election Commission decided solely based on the test of legislative majority.

However, Justice Surya Kant said that it may not be possible to hear the matter before the vacations. Sibal then insisted that he is not relying upon anything other than the Constitution Bench judgment and will argue for only 20 minutes.

Justice Kant, pointing out that now Shiv Sena (UBT) has a symbol, asked why can't they contest the elections based on that.  "All of you have a symbol, go contest," the judge said.  "But he has the original symbol of Shiv Sena," Sibal replied. When Justice Kant said that their right will be subject to the outcome of the petition, Sibal said, "In the meantime, elections will be held. That relief was granted in NCP case!"

Justice Kant replied that in the NCP case, the Court had made an interim arrangement and a lot of conditions were put.

"Let the elections be held smoothly. You concentrate on that. In local bodies, mostly voters don't support a symbol," Justice Kant said.

When Sibal said the judgment of the Supreme Court should be implemented, Justice Kant said, "I haven't looked at it from that angle [ECI decision being opposed to Constitution Bench judgment]...We will try to find out. If it is so urgent, we can list during vacations."

Case Details: Sunil Prabhu v. Eknath Shinde & Ors. | Special Leave Petition (Civil) No. 1644-1662 of 2024