Eknath Shinde camp tells SC: EC can decide which faction represents the ‘real’ Shiv Sena

The Eknath Shindeled Shiv Sena faction on Tuesday defended the Election Commissions authority to determine which group represents the real Shiv Sena arguing that the poll panel was empowered under Article 324 to examine a political partys constitution and organisational structureThe 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 Commissions February 17 2023 decision recognising the Shinde faction as the original Shiv Sena and allotting it the party name and the bowandarrow election symbolShinde faction backs ECs authoritySenior advocate Neeraj Kishan Kaul appearing for the Shinde faction argued that the Election Commission could examine a political partys constitution and organisational structure while determining which faction represented the partyKaul submitted that the constitution relied upon by the Uddhav Thackerayled 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 panelAccording to Kaul the Election Commission was entitled to examine whether a partys organisational structure was genuinely democratic particularly when key bodies were allegedly filled through ad hoc or nominated appointmentsEC not acting as civil court counsel saysKaul 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 partys organisational structure reflected the will of its cadreThe EC is not striking down internal elections or deciding who was rightly or wrongly elected in the manner of a civil court he saidKaul also defended the organisational majority test used by the Election Commission to determine which faction should be recognised as representing the partyHe 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 electorateFaction disputes whether split was only in legislatureThe Shinde faction also maintained that its case was not based merely on a split within the legislative wing of the partyKaul stressed that the factions position was that the division had taken place within the political party itself The distinction is relevant to the arguments over the Election Commissions authority and the manner in which the competing claims to the partys identity should be assessedHe also referred to discontent among sections of the Shiv Sena cadre over the partys alliance with political parties that were perceived by those members as being ideologically different from the Senas original positionThe argument formed part of the Shinde factions broader defence of the Election Commissions 2023 decisionSupreme Court hearing challenges to EC orderThe Supreme Court is hearing challenges to the Election Commissions February 17 2023 order that recognised the Shinde faction as the Shiv Sena and allotted it the party name and bowandarrow symbolThe court is also hearing pleas challenging the Maharashtra Speakers decision concerning petitions seeking disqualification of MLAs belonging to the Shindeled factionThe Uddhav Thackerayled faction has challenged the Election Commissions decision and has disputed the Shinde factions claim to represent the Shiv SenaThe 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 MinisterHearing to continue on WednesdayThe arguments before the Supreme Court remained inconclusive on Tuesday and will continue on WednesdayIt was also hearing the Uddhav Thackerayled factions challenge to the ECs February 17 2023 order allotting the Shiv Sena name and bowandarrow symbol to the Shinde camp