With SC verdict in Shiv Sena case today, here's why EC gave 'bow & arrow' symbol to Shinde

Months after the split of Shiv Sena, the Supreme Court will deliver its verdict on a bunch of petitions related to the dispute between Uddhav Thackeray and Eknath Shinde factions following the last year’s rift in the party. Apart from this, the apex court bench will also hear the petition regarding then-governor Bhagat Singh Koshyari’s mandate to invite the Shinde camp to form the government in Maharashtra with the support of the Bharatiya Janata Party (BJP) after Uddhav Thackeray announced his resignation. 

In view of the ongoing rift that started in June 2022, the Election Commission in February this year termed the Shinde faction as the ‘real Shiv Sena’ by allotting it the election symbol of the party, almost eight months after the rebellion occurred. 

The allotment of the party’s original symbol, the ‘Bow and Arrow’ to the Shinde camp, came after the poll body froze the party’s symbol following the rebellion which was spearheaded by Eknath Shinde along with a few MLAs. 

Ordering that the Shinde faction of Shiv Sena, which went incommunicado in June 2022, will get the official name of Shiv Sena and the symbol, the EC in its final order stated that the current constitution of the Shiv Sena party is undemocratic. “It has been mutilated to undemocratically appoint people from a coterie as office bearers without any election at all. Such party structures fail to inspire confidence.”

Clarifying its decision, the poll body said that it had based its decision on a “test on majority” as the group of MLAs belonging to the Shinde group had got nearly 76% of the votes polled for the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly Elections. It further mentioned that the Uddhav Thackeray faction got only 23.5% of votes. 

Pleas before SC 

Following the rebellion in the Shiv Sena party, the members belonging to both factions filed petitions over several issues, including the validity of then Governor Bhagat Singh Koshyari’s mandate to Uddhav Thackeray for facing a floor test. Another plea was filed in the Supreme Court by Eknath Shinde regarding the notices issued by the then Deputy Speaker over the alleged defection under the tenth schedule of the Constitution against the rebel MLAs belonging to his faction.

The Supreme Court’s decision in the matter is speculated to have a massive impact on Maharashtra politics. The apex court’s approval to the Shinde camp may give a big boost to the BJP-Shiv Sena alliance in the state and is likely to help them in the coming Mumbai Municipal polls.

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