The Supreme Court, on Monday, set a hearing date for August to hear a petition filed by the Uddhav Thackeray faction, pertaining to a crucial matter related to Maharashtra politics.
Mumbai: The ongoing dispute over the 'bow and arrow' election symbol of the Shiv Sena in Maharashtra politics is now heading towards its final stage. The Supreme Court has decided to hear the petition filed by the Uddhav Thackeray faction in August. The petition challenges the decision of the Maharashtra Assembly Speaker, which upheld the allocation of the 'bow and arrow' symbol to the faction led by Eknath Shinde.
What is the whole case?
The legal battle over the 'bow and arrow' election symbol has been ongoing since the split in Shiv Sena. In January 2024, the Maharashtra Assembly Speaker, in his order, recognized the Eknath Shinde faction as the real Shiv Sena and handed over the election symbol to them. The Uddhav Thackeray faction filed a petition in the Supreme Court against this decision.
Uddhav Thackeray contends that this decision is contrary to the orders of the Constitution Bench. He claims that having a majority does not determine the true party, but the ideological and institutional identity of the party is crucial.
Supreme Court's remarks
The bench of the Supreme Court, comprising Justices Surya Kant and Joymalya Bagchi, stated that the matter has been pending for a considerable time, and this uncertainty needs to be resolved. The court clearly stated that it would hear the case in August and deliver a final verdict. The court told Kapil Sibal, the lawyer for the Uddhav faction, "We will fix a date for hearing in August to dispose of the main petition."
Kapil Sibal argued that an early resolution of this dispute is essential in view of the upcoming local body elections in Maharashtra. Meanwhile, Neeraj Kishan Kaul, the lawyer for the Shinde faction, said that the court had already refused an immediate hearing.
What happened when?
- January 10, 2024: Maharashtra Assembly Speaker Rahul Narwekar rejected the Uddhav faction's petition to disqualify 16 MLAs of the Shinde faction.
- May 7, 2024: The Supreme Court said that the Uddhav faction should focus on local body elections, and the hearing on this petition will be held after the summer break.
- Now, the final hearing will be held in August 2025.
What does the Uddhav Thackeray faction's petition say?
The Uddhav Thackeray faction, in its petition filed in the Supreme Court, has stated that the decision of the Assembly Speaker is against the law. They said that the Assembly Speaker made a mistake by considering the MLAs with a majority as the real Shiv Sena. This decision is against the spirit of the anti-defection law. According to the petition, this decision has rewarded the defectors instead of punishing them. The Supreme Court has been requested to quash this decision and recognize the Uddhav faction as the real Shiv Sena.
Impact on political equations
After the Assembly Speaker's decision, Shinde's position in Maharashtra politics has become even ber. The stature and stability of the ruling trio of the Shinde faction, BJP, and the Ajit Pawar faction has increased. In the 2024 Lok Sabha elections, the Shinde faction won 7 seats. In the assembly, Shinde has 57 MLAs, the BJP has 132 MLAs, and the Ajit Pawar faction has 41 MLAs.
In December 2024, Fadnavis again became the Chief Minister of Maharashtra, while Shinde and Ajit Pawar were made Deputy Chief Ministers. The 'bow and arrow' has been the core of Shiv Sena's political identity. The allocation of the election symbol will have a direct impact on the upcoming Lok Sabha, Assembly, and local body elections. If the Supreme Court's decision goes in favor of the Uddhav faction, the Shinde faction will suffer a major setback. On the other hand, if the symbol remains with the Shinde faction, their political position will become even ber.
