Uddhav Thackeray vs Eknath Shinde: SC allows EC to decide which faction is the 'real' Shiv Sena

Supreme Court has declined to stay the proceedings before the Election Commission of India on Shinde group's claim for recognition as 'real' Shiv Sena.

FPJ Web DeskUpdated: Tuesday, September 27, 2022, 06:51 PM IST
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Uddhav Thackeray vs Eknath Shinde: SC allows EC to decide which faction is the 'real' Shiv Sena | FPJ

Supreme Court has allowed the Election Commission of India to decide which faction between Uddhav Thackeray and Eknath Shinde be recognised as the 'real' Shiv Sena party and allotment of the bow and arrow symbol.

Supreme Court has declined to stay the proceedings before the Election Commission of India on Shinde group's claim for recognition as 'real' Shiv Sena. Court has rejected plea of Uddhav Thackeray group seeking stay on proceedings before the Election Commission.

The Thackeray-led Maha Vikas Aghadi government had collapsed after a revolt by Shinde and 39 other legislators against the Sena leadership.

Shinde was sworn in as the CM on June 30 along with BJP's Devendra Fadnavis as his deputy.

On August 23, the Supreme Court had referred to a five-judge bench the petitions filed by the Thackeray and Shinde-led factions raising several constitutional questions related to defection, merger and disqualification.

It had asked the Election Commission of India (ECI) not to pass any orders on the Shinde faction's plea that it be considered the "real" Shiv Sena and be granted the party's poll symbol.

A bench headed by the then Chief Justice N V Ramana had said the batch of petitions raise important constitutional issues relating to the 10th schedule of the Constitution pertaining to disqualification, power of the speaker and governor and judicial review.

The 10th Schedule of the Constitution provides for the prevention of defection of the elected and nominated members from their political parties and contains stringent provisions against defections.

The Thackeray faction had earlier submitted that party MLAs loyal to Shinde can save themselves from disqualification under the 10th Schedule of the Constitution only by merging with another political party.

The Shinde group had contended the anti-defection law is not a weapon for a leader who has lost the confidence of his own party.

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