The Supreme Court on Wednesday agreed to hear on November 12 the plea filed by Uddhav Thackeray challenging the Election Commission of India’s (ECI) decision to recognize the Eknath Shinde faction as the official Shiv Sena and to allot it the party’s traditional “bow and arrow” symbol.

A Bench comprising Justices Surya Kant, Ujjal Bhuyan, and N.K. Singh took note of Senior Advocate Kapil Sibal’s submissions on behalf of Thackeray, who pressed for urgent listing of the matter.

“There’s urgency. Local elections are scheduled for January. Please hear it at the earliest,” Sibal urged.

Responding to the request, Justice Surya Kant assured that the Court would hear the matter on November 12.

Sibal also requested that the petitions challenging the Maharashtra Speaker’s refusal to disqualify MLAs from the Shinde faction be listed along with the present case. However, Justice Kant clarified that the disqualification proceedings were pending before another Bench and advised Sibal to seek the Chief Justice’s permission for joint listing. Sibal agreed to do so.

Senior Advocate Mukul Rohatgi appeared for Eknath Shinde, defending the ECI’s decision.

The plea filed by Thackeray challenges the February 2023 order of the Election Commission, which awarded the official party name “Shiv Sena” and the iconic bow and arrow symbol to the Shinde-led group, following the 2022 political crisis that led to the split in the party and the collapse of the Maha Vikas Aghadi government in Maharashtra.

Thackeray’s camp contends that the ECI erred in applying the test of legislative majority rather than the organizational majority, arguing that the true strength of the party lies in its internal structure and leadership, not merely in the number of MLAs siding with Shinde.

According to the petition, the ECI’s approach “disregarded the foundational principle of intra-party democracy” and effectively legitimized “defection under the guise of majority.”

The Supreme Court, while issuing notice in the matter, has permitted the Uddhav faction to retain the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and continue using the “flaming torch” symbol as per paragraph 133(IV) of the ECI order, until the final adjudication of the dispute.

The case has significant implications for Maharashtra’s upcoming local body elections, where both factions are expected to field candidates under competing banners.

Cause Title: Uddhav Thackeray v. Eknathrao Sambhaji Shinde & Anr., SLP (C) No. 3997/2023