Eknath Shinde hails SC order to let EC decide which camp gets Shiv Sena symbol

After the Supreme Court on Tuesday allowed the Election Commission of India to go ahead with the hearing of Maharashtra Chief Minister Eknath Shinde's group’s plea seeking recognition as the real Shiv Sena and allocation of the party’s bow-and-arrow poll symbol to it, Chief Minister Eknath Shinde welcomed the apex court’s order. 

Speaking to media, Maharashtra Chief Minister Eknath Shinde said, “Election Commission of India is a constitutional body and will take decisions on merit. We have a majority in State Assembly & in Lok Sabha. I welcome the SC order. As the matter is sub-judice, so I won’t speak more on it.”

On Tuesday, a five-judge Constitution bench headed by Justice DY Chandrachud rejected the plea of the Uddhav Thackeray-led faction seeking to restrain the EC from deciding the state’s ruling Shinde camp’s claim over the original Shiv Sena.

SC Lets EC Decide Uddhav-vs-Shinde Battle For Shiv Sena Symbol

“We direct that there would be no stay of the proceedings before the Election Commission of India. Accordingly, the Interlocutory Application is dismissed,” a five-judge Constitution bench stated in its order after a day-long hearing.

The bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha rejected the plea of the Uddhav Thackeray group seeking a stay on proceedings before the EC till the Supreme Court decides on the main issue pending before it.

Notably, the UddhavThackeray-led Maha Vikas Aghadi (MVA) government had tumbled after a rebellion by Shinde and 39 other MLAs against the Sena leadership. Later, the faction formed an alliance with Bharatiya Janata Party (BJP). Eknath Shinde was sworn in as the Chief Minister on June 30 this year while BJP's Devendra Fadnavis as his deputy.

Earlier, the top court referred to a five-judge bench the pleas filed by the Shinde and Thackeray-led factions raising many constitutional questions related to defection, merger, and disqualification. It had asked EC not to give any orders on the Shinde group's petition that it be considered the real Shiv Sena and be granted the party's poll symbol.

Earlier, the Thackeray faction had submitted that Sena MLAs loyal to Shinde can save themselves from disqualification under Constitution's 10th Schedule only by merging with another political party. The Shinde faction had encountered the anti-defection law is not a weapon for a leader who has failed the confidence of his own party.

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