Supreme Court Reviews Shiv Sena Symbol Allotment Dispute

The Supreme Court of India is reviewing whether the Election Commission of India (ECI) must revisit its decision to recognize the Eknath Shinde faction as the legitimate Shiv Sena and award it the bow-and-arrow symbol. The case stems from challenges filed by Uddhav Thackeray and Sunil Prabhu, who contest both the symbol allotment and the Maharashtra Speaker's decision not to disqualify MLAs from the Shinde faction.

During hearings on October 7 and 8, Justice Joymalya Bagchi and Chief Justice Surya Kant questioned if the ECI's decision would be invalidated if the court finds the Maharashtra Speaker erroneously rejected disqualification petitions. The bench specifically examined whether legislative majority is a reliable test for party control while disqualification proceedings remain pending.

Representing the Shinde faction, Senior Advocate N K Kaul argued that the ECI's symbol determination is independent of the Speaker's proceedings under the Tenth Schedule. Kaul asserted that disqualification operates prospectively and that no party constitution newer than the 2011 version was ever submitted to the ECI, meaning the Shinde faction's claim rests on the only official document on record. The proceedings remain inconclusive and are scheduled to continue.