The Supreme Court will hear Uddhav Thackeray’s plea challenging the Election Commission’s order recognizing Eknath Shinde’s faction as the real Shiv Sena. The case could reshape Maharashtra’s political landscape ahead of local body elections.
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NEW DELHI: The Supreme Court of India on Wednesday scheduled a detailed hearing in former Maharashtra Chief Minister Uddhav Thackeray’s plea challenging the Election Commission of India’s (ECI) order that recognized the Eknath Shinde faction as the real Shiv Sena and granted it the iconic “bow and arrow” party symbol.
The matter came up before a Bench comprising Justice Surya Kant and Justice Joymalya Bagchi, which heard brief submissions on the procedural aspects and the timeline for a full hearing.
Thackeray’s application sought interim relief in light of the upcoming Maharashtra local body elections, arguing that the ECI’s decision has significant implications for electoral fairness and the party’s identity in the state.
During the proceedings, Thackeray’s counsel submitted,
“These are the Maharashtra matters. One is the symbol matter and then there is the disqualification matter.”
In a lighthearted exchange, Justice Surya Kant asked the counsel,
“How much time will you take?”
The counsel responded,
“A couple of hours.”
Justice Kant remarked,
“A very politically correct answer—that can be however many hours.”
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After brief discussions, the Bench passed an order outlining the hearing schedule. It noted that there are two sets of petitions with overlapping issues, including the dispute over the party symbol and the disqualification proceedings concerning MLAs.
The Court directed that arguments in the Shiv Sena matter will be taken up first, followed by the NCP matter.
- Petitioners (Uddhav Thackeray camp) will have three hours to present their arguments.
- Respondents (Eknath Shinde camp) will get two hours for their submissions.
The Bench scheduled the final hearing for January 21, 2026, at 11:30 AM. It also disposed of a pending contempt petition as infructuous.
Background
In 2023, the Supreme Court issued a notice in this matter while also allowing the Uddhav faction to continue using an alternative symbol, the “flaming torch”, till the completion of the upcoming bye-elections. This liberty had been granted by the Election Commission in its order.
The impugned order had been passed by Chief Election Commissioner Rajiv Kumar and Election Commissioners Anup Chandra Pandey and Arun Goel, after Eknath Shinde moved the Commission with a plea asking it to decide which faction was the real Shiv Sena.
Earlier, the Supreme Court had rejected a plea filed by the Uddhav Thackeray faction that sought to stay the proceedings before the Election Commission.
The political battle between the two leaders dates back to June 2022, when Eknath Shinde rebelled against Uddhav Thackeray with the support of around 40 MLAs.
This rebellion led to the collapse of the Maha Vikas Aghadi (MVA) government in Maharashtra, which was then led by Uddhav Thackeray.
Following the split, both sides have been fighting a legal and political battle over the control of the party’s name and its traditional symbol.
Case Title:
Uddhav Thackeray v. Eknathrao Sambhaji Shinde & Anr.
SLP(C) No. 3997/2023
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