The ongoing internal conflict within the Shiv Sena party takes a new turn as the Supreme Court schedules to hear a plea from Uddhav Thackeray, leader of the Shiv Sena (UBT) faction, on July 31, 2023. Thackeray is contesting an Election Commission of India (ECI) ruling that endorsed the Eknath Shinde faction as the official Shiv Sena.
The ECI, in its order dated February 17, 2023, identified the Eknath Shinde group as the official “Shiv Sena,” bestowing upon them the privilege to use the “Bow & Arrow” symbol and the “Shiv Sena” name. Meanwhile, the Uddhav Thackeray faction was granted permission to use the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the “flaming torch” symbol for the forthcoming bye-elections in the Maharashtra assembly.
The ECI’s verdict was grounded in the parameters set in the 1971 Supreme Court judgment in Sadiq Ali v. Election Commission of India. When this matter was presented before the Supreme Court in February, a 3-judge bench, comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, opted not to suspend the ECI order at that stage.
Nonetheless, the bench permitted the Uddhav faction to continue using the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the “flaming torch” symbol in accordance with paragraph 133(IV) of the ECI order during the pendency of the matter. The ECI sanctioned this temporary arrangement considering the upcoming bye-elections in the Maharashtra assembly, slated for February 26.
In addition, the lawyers representing the Shinde group verbally pledged not to launch disqualification proceedings against the Uddhav faction. However, this commitment was not officially recorded in the order. The Supreme Court’s decision to entertain Thackeray’s plea signifies a pivotal moment in the unfolding Shiv Sena dispute.