Stories
Shinde Faction's Masterstroke: Thackeray's Tension Rises in Supreme Court
- •The Supreme Court hearing on the Shiv Sena party name and 'bow and arrow' symbol has reached a decisive turn.
- •Senior advocate Neeraj Kishan Kaul, representing the Shinde faction, argued that Uddhav Thackeray betrayed the original ideology by forming a government with Congress-NCP.
- •Kaul claimed Uddhav Thackeray's 'Party President' post itself was illegal, citing an internal party amendment from 2018 not submitted to the Election Commission.
- •The Thackeray faction raised the issue of MLA disqualification, while the Shinde faction argued the matter is not related to MLA disqualification.
- •The Shinde faction shifted the case's focus from the 'Tenth Schedule' (MLA disqualification) to the 'Election Symbols (Reservation and Allotment) Order, 1968', aiming to claim the party based on majority.
Key Questions Answered
The Shinde faction argues that Uddhav Thackeray's post is legally invalid because of an internal party amendment made in 2018. This constitutional change was not officially submitted to or recorded in the Election Commission's records. Furthermore, while rules mandatory require the selection of the Shiv Sena chief to be done through a representative assembly, these organizational changes were never communicated to the Commission.
The Shinde faction is attempting to shift the focus of the case away from MLA disqualification under the Tenth Schedule of the anti-defection law. Instead, they are redirecting the legal focus to the Election Symbols (Reservation and Allotment) Order, 1968. This strategy aims to make it legally easier to claim the party based on majority support rather than focusing on the pending disqualification of MLAs.
Representing the Thackeray faction, senior advocate Kapil Sibal argued that the Election Commission restored the party and the bow-and-arrow symbol to the Shinde faction while MLA disqualification proceedings were still pending. Sibal contended that under the Tenth Schedule, Eknath Shinde and his supporting MLAs are liable for disqualification, and the ownership of the Shiv Sena party should only be decided after their disqualification status is resolved.
