16 September,2026 08:59 AM IST | New Delhi | mid-day online correspondent
Eknath Shinde. File Pic
The Eknath Shinde-led Shiv Sena faction on Tuesday defended the Election Commission's authority to determine which group represents the "real" Shiv Sena, arguing that the poll panel was empowered under Article 324 to examine a political party's constitution and organisational structure.
The submissions were made before a Supreme Court bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana. The bench resumed hearing a batch of petitions challenging the Election Commission's February 17, 2023 decision recognising the Shinde faction as the original Shiv Sena and allotting it the party name and the "bow-and-arrow" election symbol.
Senior advocate Neeraj Kishan Kaul, appearing for the Shinde faction, argued that the Election Commission could examine a political party's constitution and organisational structure while determining which faction represented the party.
Kaul submitted that the constitution relied upon by the Uddhav Thackeray-led faction was not the version registered with the Election Commission. He said the constitution placed on record in 1999 followed detailed correspondence between the party and the poll panel.
According to Kaul, the Election Commission was entitled to examine whether a party's organisational structure was genuinely democratic, particularly when key bodies were allegedly filled through ad hoc or nominated appointments.
Kaul contended that the Election Commission was not functioning as a civil court or adjudicating the validity of internal elections. Instead, he argued, the poll panel was assessing whether a party's organisational structure reflected the will of its cadre.
"The EC is not striking down internal elections or deciding who was rightly or wrongly elected in the manner of a civil court," he said.
Kaul also defended the organisational majority test used by the Election Commission to determine which faction should be recognised as representing the party.
He argued that it would not be practically possible for the poll panel to conduct a referendum among every primary member of a political party. According to him, the cadre and grassroots workers form the "lifeblood" of a political organisation and have a direct connection with the electorate.
The Shinde faction also maintained that its case was not based merely on a split within the legislative wing of the party.
Kaul stressed that the faction's position was that the division had taken place within the political party itself. The distinction is relevant to the arguments over the Election Commission's authority and the manner in which the competing claims to the party's identity should be assessed.
He also referred to discontent among sections of the Shiv Sena cadre over the party's alliance with political parties that were perceived by those members as being ideologically different from the Sena's original position.
The argument formed part of the Shinde faction's broader defence of the Election Commission's 2023 decision.
The Supreme Court is hearing challenges to the Election Commission's February 17, 2023 order that recognised the Shinde faction as the Shiv Sena and allotted it the party name and "bow-and-arrow" symbol.
The court is also hearing pleas challenging the Maharashtra Speaker's decision concerning petitions seeking disqualification of MLAs belonging to the Shinde-led faction.
The Uddhav Thackeray-led faction has challenged the Election Commission's decision and has disputed the Shinde faction's claim to represent the Shiv Sena.
The dispute followed the political split in Shiv Sena in 2022, when Eknath Shinde and a group of MLAs withdrew support from the then Maharashtra government led by Uddhav Thackeray. The developments eventually resulted in Shinde becoming Chief Minister.
The arguments before the Supreme Court remained inconclusive on Tuesday and will continue on Wednesday.
It was also hearing the Uddhav Thackeray-led faction's challenge to the EC's February 17, 2023 order allotting the Shiv Sena name and "bow-and-arrow" symbol to the Shinde camp.
