The Supreme Court of India has announced that it will hear the petition filed by Uddhav Thackeray, former Maharashtra Chief Minister, challenging the Election Commission of India’s (ECI) decision to recognize the Eknath Shinde faction as the official Shiv Sena. The hearing will take place after the conclusion of the cases concerning the abrogation of Article 370 of the Constitution.
The court also agreed to list the plea filed by Shiv Sena MP Sunil Prabhu, who is seeking a directive for the Maharashtra Legislative Assembly Speaker to expedite the decision on the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde.
Advocate Amit Anand Tiwari, representing Uddhav Thackeray, mentioned the plea before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. Tiwari stated that the matter was now covered by the Constitution Bench judgment in the Shiv Sena case. In response, CJI DY Chandrachud said,
“Wait for the Jammu and Kashmir Constitution Bench to get over and we’ll give a date for this.”
The ECI had recognized the Eknath Shinde group as the official “Shiv Sena” on February 17, allowing them to use the official “Bow & Arrow” symbol and “Shiv Sena” name. The Uddhav Thackeray faction was permitted to use the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the symbol of “flaming torch” for the upcoming bye-elections in Maharashtra assembly.
The Supreme Court had issued notice in the matter and allowed the Uddhav group to retain the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the symbol “flaming torch” during the pendency of the matter.
In its May 11, 2023 constitution bench judgment in the matter pertaining to the Shiv Sena rift, the Supreme Court had held that it could not order the restoration of the Uddhav Thackeray government as Thackeray had resigned without facing a floor test. The court had handed over the decision of determining the disqualification petitions to the Speaker, adding that the speaker “must decide the disqualification within a reasonable period“.