Supreme Court Declines Urgent Hearing In Shiv Sena Symbol Dispute Case

The Supreme Court has once again declined an urgent hearing on the petition related to the Shiv Sena party symbol dispute.

Senior advocate Devadatt Kamat, appearing for the petitioner, made a mentioning request, arguing that local body elections are approaching, and the pending petition requires immediate attention.

However, a bench led by Justice Surya Kant rejected the plea, stating that an early hearing is not possible.

The bench said that they have now listed the matter for August 20.

Thackeray Faction Challenges Election Commission Decision

The Uddhav Thackeray faction filed the petition to challenge the Election Commission’s 2023 decision that allotted the Shiv Sena name and the bow-and-arrow symbol to the Eknath Shinde-led faction, following the party’s split in 2022.

Senior advocate Kapil Sibal, representing the Thackeray group, cited the Supreme Court’s 2023 Constitution Bench verdict, which held that legislative majority cannot be the sole criterion for deciding which group is the ‘real’ political party.

He argued that the Election Commission relied only on legislative majority, ignoring broader party support.

The Thackeray-led group claimed that the Election Commission failed to recognise the widespread support the petitioners enjoy among the party’s grassroots workers and cadre.

The petition also alleged that the Election Commission failed in its constitutional duty to act as a neutral arbiter under Paragraph 15 of the Symbols Order, which deals with disputes over party symbols.

The plea argued that the Commission’s actions have weakened its constitutional position and undermined neutrality.

Background of the Dispute

In 2022, the Shiv Sena split into two factions—one led by Uddhav Thackeray and the other by Eknath Shinde.

The Election Commission, after evaluating the claims from both sides, assigned the party name and symbol to the Shinde faction, triggering the legal challenge from the Thackeray camp.

The Supreme Court has scheduled the hearing for August 20, but has refused to expedite the proceedings for now.

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