Shinde camp tells Supreme Court whip was valid in Shiv Sena name and symbol dispute

New Delhi: The Supreme Court held another important hearing in the legal battle over the Shiv Sena party and its bow-and-arrow symbol. The case relates to the power struggle between the Eknath Shinde and Uddhav Thackeray factions. Appearing for the Shinde faction, counsel Dhruv Mehta presented arguments and raised several issues. It is being said that the case may take a new turn as a result.

Mehta claimed that the whip is valid. He cited the meeting of legislators held on June 21, 2022. According to him, Eknath Shinde was retained as the legislature party leader at that meeting. Mehta also said that Bharat Gogawale had been appointed chief whip, and the whip issued by the Shinde faction is therefore valid.

The Shinde faction also made its position clear on the disqualification of legislators. Mehta said that under the Tenth Schedule of the Constitution of India, the Speaker of the Assembly has the authority to decide on disqualification of legislators. He argued that if a legal flaw is found in the Speaker's decision, the correct course is ordinarily to send the matter back to the Speaker. According to Mehta, the Speaker performs an adjudicatory function under the Tenth Schedule, so judicial review of the decision is possible only on certain settled parameters.

The Shinde faction raised one more point. Dhruv Mehta claimed that the Assembly in question no longer exists, so the demand to disqualify the legislators of that time no longer has any practical effect. In support of his arguments, he also cited Supreme Court judgments in the Rajendra Singh Rana and Subhash Desai cases.

The legal dispute over the party's name, election symbol and the disqualification of legislators that followed the split in the Shiv Sena has not yet ended. Earlier, senior advocate Kapil Sibal had presented arguments in the Supreme Court for the Thackeray faction. The Shinde faction has now presented its side.

The next hearing in the case will be after Diwali. Political circles in Maharashtra are watching which legal issues the Supreme Court examines and what it finally decides.

These are the arguments placed in court by the Shinde faction. The Supreme Court has not yet given any final ruling on them, so the final decision on the Shiv Sena party and symbol is still awaited.