Will have to examine if revolt by Shiv Sena MLAs in 2022 can be treated as party split, says SC
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The Supreme Court on Wednesday said it will have to examine whether the rebellion by Shiv Sena MLAs in 2022 can be viewed as the party having split, reported Live Law.
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The court was hearing a petition by the Uddhav Thackeray-led Shiv Sena challenging the Election Commission’s move to recognise the Eknath Shinde faction as the official party and allot it the bow and arrow symbol.
Appearing for the Uddhav Sena, advocate Kapil Sibal told a bench headed by Chief Justice Surya Kant that the Election Commission should not have concluded that the Shiv Sena had split because of a division in its legislative party.
“Perhaps the commission’s reasoning requires review,” the bench was quoted as saying by Live Law. “But it will be very difficult to ignore the fact that a group, which is actually maybe born in the legislative polls, did not have a resonance in the [primary organisation].”
It added: “First we see whether there is a split right? The split can originate in the legislative party, but its crack can percolate in the primary organisation.”
The Shiv Sena had split in June 2022 after then-Chief Minister Eknath Shinde claimed the support of 39 out of the Shiv Sena’s 55 MLAs, in addition to 10 independent MLAs, and rebelled against Thackeray’s Maha Vikas Aghadi coalition. The...
