Setback for Uddhav Thackeray; Supreme Court allows EC to decide 'real' Shiv Sena

In a big blow to Uddhav Thackeray, the Supreme Court has refused to stay the Election Commission's proceedings to decide who commanded the 'real' Shiv Sena. The decision is being seen as a big win for CM Eknath Shinde's camp.

In a big relief for the Eknath Shinde faction and a setback to the Uddhav Thackeray camp, the Supreme Court on Tuesday set aside a stay on proceedings before the Election Commission of India in the ‘real’ Shiv Sena symbol case. The top court has given permission to the ECI to conduct the proceedings with regards to who is the ‘real’ Shiv Sena.

A Constitution bench of the Supreme Court headed by Justice DY Chandrachud was hearing the petition regarding the rift in Shiv Sena that saw the Maharashtra party break into factions led by Eknath Shinde and Uddhav Thackeray.

The faction led by Uddhav Thackeray had asked the Supreme Court to intervene and prevent the Election Commission from making a decision about the group led by Eknath Shinde's claim to be the "genuine" Shiv Sena and its emblem. The petition was heard by the Supreme Court's Constitution bench. The petition also stated that the Shinde camp MLAs can save themselves from disqualification under the 10th Schedule of the Constitution only by merging with another political party.

The Maharashtra administration of Uddhav Thackeray was overthrown in June under the leadership of his erstwhile ally Eknath Shinde, who then joined the BJP to establish a new government. On June 30, Shinde took the oath of office as chief minister, with Devendra Fadnavis of the BJP serving as his deputy.

On August 23, the Supreme Court referred to a five-judge bench petitions filed by the Uddhav Thackeray and Shinde-led factions raising several constitutional questions related to defection, merger and disqualification.