Setback For Thackeray Camp As SC Allows EC To Decide Shinde Group's Claim Of Being 'Real' Shiv Sena

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

Eknath Shinde and Uddhav Thackeray

The Supreme Court on Tuesday allowed the Election Commission of India to decide which faction between Uddhav Thackeray and Eknath Shinde should be recognised as the "real" Shiv Sena party and be alloted the bow and arrow symbol.

Justice DY Chandrachud, heading a constitution bench, rejected the plea of the Uddhav Thackeray-led faction seeking to restrain the EC from deciding the Shinde group's claim on being the "real" Shiv Sena, PTI reported.

"We direct that there would be no stay of the proceedings before the Election Commission," the bench, also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha said.

Earlier in the day, Uddhav Thackeray expressed confidence that his faction would emerge victorious in the legal tussle with the Eknath Shinde camp. "I have full faith in the judiciary and we will win," Thackeray told Sena workers in Mumbai.

The Maha Vikas Aghadi government, which constituted of the Shiv Sena, Congress and NCP, collapsed after a revolt by Shinde and 39 other legislators against the Sena leadership. Shinde was sworn in as the Chief Minister of Maharashta 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.

The apex court had asked the Election Commission 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 NV 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.

(With PTI inputs)