Tue, 27 Sep 2022 05:05 PM IST
THE Supreme Court on Tuesday allowed the Election Commission to take a call on recognition of the 'real' Shiv Sena and allotment of the bow and arrow symbol. The apex court's directions came as two factions of the party led by ousted Maharashtra chief minister Uddhav Thackeray and current CM Eknath Shinde fight over the party name and symbol.
Rejecting the plea of Uddhav Thackeray group, the Supreme Court refused to stay the proceedings before the Election Commission on Shinde group's claim for recognition as 'real' Shiv Sena.
The move by a Constitution bench hearing the petition came as a setback to Thackeray, who had expressed full faith in the judiciary earlier in the day.
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 Chief Minister 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.