The ongoing legal battle over the Shiv Sena’s iconic 'bow and arrow' symbol has been postponed yet again, with the Supreme Court of India scheduling the next hearing for August. The petition, filed by Uddhav Thackeray’s Shiv Sena (UBT) faction, challenges the allocation of the party's election symbol to the rival camp led by Eknath Shinde.
Senior advocate Kapil Sibal, representing the Uddhav faction, urged the bench for an expedited hearing in light of the upcoming local body elections in Maharashtra. However, the bench—comprising Justices Surya Kant and Joymalya Bagchi—acknowledged the urgency but stated that the case would now be taken up in August for final resolution. The bench also observed that the issue had been pending for too long and that this legal uncertainty must not continue indefinitely.
The matter at hand stems from the 2023 decision by the Maharashtra Assembly Speaker, which officially handed over the ‘bow and arrow’ symbol to the Shinde camp. The Thackeray faction has consistently contested this move, arguing that the decision contradicts constitutional norms and the Supreme Court's earlier judgments on disqualification and party identity. According to Sibal, the Speaker’s decision relied solely on legislative majority, which doesn’t necessarily represent the will of the original political party.
The Uddhav faction first approached the apex court after the Speaker rejected their plea to disqualify 16 rebel MLAs, including Eknath Shinde, under the anti-defection law. The court had previously advised Thackeray's side to focus on local elections and postponed the hearing until after the summer break.
The political backdrop adds further weight to this legal tussle. Eknath Shinde’s rebellion in 2022 split the Shiv Sena and reshaped Maharashtra politics. The Speaker’s ruling strengthened Shinde’s legitimacy, allowing him to retain power with support from the BJP and Ajit Pawar’s NCP faction. In the 2024 state elections, the Shinde-led faction secured 57 seats, while the BJP emerged dominant with 132 seats, and the NCP secured 41. The coalition reshuffle eventually saw Devendra Fadnavis return as Chief Minister, with Shinde and Pawar as his deputies.
As the next hearing looms in August, the Thackeray-led camp continues to push for the restoration of its symbol and political identity, arguing that the party’s core values and leadership were undermined in the Speaker’s decision. The outcome of this case could have far-reaching implications not just for the Shiv Sena factions, but for broader debates around party ownership, defections, and democratic legitimacy in Indian politics.
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