New Delhi: The Supreme Court on Wednesday scheduled the hearing of a plea filed by the Uddhav Thackeray-led faction of the Shiv Sena against the Maharashtra Assembly speaker’s decision to allot the ‘bow and arrow’ party symbol to the Eknath Shinde-led faction.
A bench comprising Justices Surya Kant and Joymalya Bagchi stated that the hearing will commence on November 12 and, if required, will continue on November 13.
Senior advocate Kapil Sibal, representing the Shiv Sena-UBT faction, highlighted the urgency of the matter, noting that local body elections are likely to be held in January next year. He requested the court to expedite the hearing and deliver a final verdict before the polls.
The bench responded, “We will hear all the parties on November 12 and if need arises, we can continue the hearing on November 13.”
Senior advocates Mukul Rohatgi and Neeraj Kishan Kaul appeared for the Shinde faction.
### Previous Developments in the Case
On July 14, the Supreme Court had fixed the matter for final hearing, citing that the issue had been pending for a long time and the ongoing uncertainty could not be allowed to continue.
The Uddhav faction had earlier contended that the speaker’s decision to hand over the party symbol to the rival faction in 2023, based on legislative majority, was against a Constitution Bench verdict of the Supreme Court.
On May 7, the court had asked the Uddhav Thackeray-led faction to focus on the local body polls after it sought an urgent hearing on its plea against the speaker’s decision.
In January 2024, Maharashtra Assembly Speaker Rahul Narwekar rejected the Shiv Sena-UBT plea to disqualify 16 MLAs from the ruling camp, including Eknath Shinde.
### Uddhav Faction Challenges Speaker’s Orders
Challenging the speaker’s orders in the apex court, the Uddhav-led faction claimed that the decisions were “patently unlawful and perverse.” Instead of penalizing the defectors, the speaker had, they argued, rewarded them by declaring that they constituted the real political party.
The plea further alleged that the speaker erred in holding that the majority legislators of Shiv Sena represented the genuine will of the party.
In his ruling on the disqualification petitions, the speaker did not disqualify any MLAs from either faction.
### Shinde’s Position Strengthened
The speaker’s ruling further consolidated Eknath Shinde’s position as the chief minister, 18 months after he led a rebellion against Uddhav Thackeray. It also enhanced his political weight within the ruling coalition, which includes the BJP and the Ajit Pawar-led NCP, ahead of the 2024 Lok Sabha and Maharashtra Assembly elections.
In the 2024 Lok Sabha elections, the Shinde faction won seven seats. In the Maharashtra Assembly elections, Shinde’s party secured 57 seats, the BJP won 132 seats, and the Ajit Pawar-led NCP bagged 41 seats.
In December 2024, Devendra Fadnavis returned as Maharashtra chief minister, with Eknath Shinde and Ajit Pawar serving as deputy chief ministers.
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https://www.freepressjournal.in/mumbai/shiv-sena-symbol-dispute-supreme-court-schedules-hearing-for-november-12-may-continue-on-13th