Shiv Sena Rift : Supreme Court To Hear Uddhav's Plea Against ECI Order Recognising Shinde Faction On July 31

The Supreme Court on Monday agreed to list on July 31, 2023, plea filed by Shiv Sena (UBT) leader Uddhav Thackeray challenging an Election Commission of India (ECI) order which recognized the Eknath Shinde faction as the official Shiv Sena. The matter was mentioned before a bench comprising CJI DY Chandrachud and Justice PS Narasimha.

The ECI had on February 17, 2023 recognised Eknath Shinde group as official "Shiv Sena", allowing them to use the official "Bow & Arrow" symbol and "Shiv Sena" name. The Uddhav Thackeray faction was allowed to use the name "Shiv Sena (Uddhav Balasaheb Thackeray)" and the symbol of "flaming torch" for the upcoming bye-elections in Maharashtra assembly. The ECI had stated that it applied the tests mentioned in the 1971 Supreme Court judgment in Sadiq Ali v. Election Commission of India to come to its decision.

When the issue was raised before the Supreme Court in February, a 3-judge bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had refused to stay the ECI order at this juncture. The bench however permitted Uddhav group to retain the name "Shiv Sena (Uddhav Balasaheb Thackeray)" and the symbol "flaming torch" in terms of paragraph 133(IV) of the ECI order during the pendency of the matter. The ECI had allowed that interim arrangement in view of the bye-elections in Maharashtra assembly, scheduled to take place on February 26. The lawyers of Shinde group also gave a verbal undertaking that they will not take precipitative action against Uddhav group by issuing disqualification proceedings. The undertaking was not recorded in the order.