New Delhi: The Supreme Court is set to begin hearings on Wednesday, November 12, in the highly anticipated Shiv Sena election symbol dispute case, a verdict that could majorly alter Maharashtra’s political landscape. The outcome is expected to have far-reaching implications not only for Deputy Chief Minister Eknath Shinde and Chief Minister Devendra Fadnavis, but also for the upcoming civic body elections beginning December 2, 2025.
Details On The Key Case
The case stems from Shiv Sena (Uddhav Balasaheb Thackeray) chief Uddhav Thackeray’s petition challenging the Election Commission of India’s (ECI) decision on February 17, 2023, which recognised Eknath Shinde’s faction as the “real Shiv Sena” and allotted it the party’s iconic ‘Bow and Arrow’ symbol. The decision came after a dramatic split within the party in 2022, when Shinde led a rebellion that toppled the Thackeray-led Maha Vikas Aghadi (MVA) government.
A bench comprising Justices Surya Kant, Ujjal Bhuyan, and Nongmeikapam Kotiswar Singh will hear the case. The matter was listed after senior advocate Kapil Sibal, appearing for Thackeray, sought an early hearing, citing the approaching civic elections in Maharashtra.
Following the 2023 ruling, the Election Commission permitted Thackeray’s faction to contest under the name “Shiv Sena (Uddhav Balasaheb Thackeray)” with a temporary ‘Flaming Torch’ symbol. However, Thackeray’s camp has consistently maintained that the ECI acted beyond its authority by relying solely on legislative strength to determine the party’s legitimacy, instead of examining its organisational base and ideological continuity.
In his petition, Thackeray has argued that the ECI failed to uphold the principles outlined in the Election Symbols (Reservation and Allotment) Order, 1968, which require an impartial adjudication of internal party disputes.
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The petition states that legislative majority alone cannot define the 'real' party under law and contends that the Commission ignored key evidence indicating that the Thackeray-led faction continues to command greater support in the Maharashtra Legislative Council and Rajya Sabha.
The ECI, in its defence, has justified its decision by citing the legislative dominance of the Shinde-led group within the Maharashtra Assembly.
The Supreme Court’s verdict in this case is expected to decisively influence not only the balance of power within the Shiv Sena, but also the future of the ruling Mahayuti alliance in Maharashtra, setting the tone for the state’s crucial civic polls and its broader political trajectory.
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