Supreme Court aims to finish Shiv Sena name and symbol hearing by October 30

The Supreme Court has raised some key questions during the hearing of the dispute between the Uddhav Thackeray and Eknath Shinde camps over the Shiv Sena name and the "Dhanushyaban" (bow and arrow) election symbol. In an oral observation, the court asked whether the sentiments and rights attached to a party's election symbol should also apply to those accused of committing the "constitutional sin" of defection.

It was also noted orally during the hearing that the effort is to complete final arguments by October 30. The fight over the party's official name and the bow and arrow symbol, which began after the split in the Shiv Sena, has reached the court. The final decision in the case is seen as particularly significant for Maharashtra politics.

The case was heard on Tuesday by a bench headed by Chief Justice Surya Kant. Justice Joymalya Bagchi and Justice V. Mohana were also on the bench. After the split, the Election Commission had recognised the faction led by Eknath Shinde as the real Shiv Sena and given it the bow and arrow symbol. The Uddhav Thackeray camp has challenged that decision in the Supreme Court.

However, October 30 is only a target date for completing the final hearing. It is not a fixed date for pronouncing the verdict. Under the proposed schedule, the Election Commission of India will argue in court next week. Replies to the Commission's arguments are then expected to be presented on behalf of Uddhav Thackeray in the third week of October. After arguments from both sides conclude, the court will decide the further course of proceedings.

In a recent hearing, the Election Commission's counsel, Neeraj Kishan Kaul, is reported to have argued on the issue of internal democracy in the Shiv Sena. According to his argument, the party's 2018 constitution gave the Paksha Pramukh (party chief) broad and unlimited powers. As a result, he told the court, the distinction between the office of the party chief and the separate existence of the party had almost disappeared. Legal arguments in the case are under way on issues such as internal party democracy, constitutional provisions and the powers of the organisation.

After the split in the Shiv Sena, the factions led by Uddhav Thackeray and Eknath Shinde clashed over the party name and the bow and arrow symbol. The Election Commission had earlier given the Shiv Sena name and the bow and arrow symbol to the Eknath Shinde faction. The Uddhav Thackeray camp has challenged this in the Supreme Court, which is now examining the legal validity of the Commission's decision.

With the target of completing the final hearing by October 30 reported, talk has begun of a verdict before Diwali. But completion of the hearing and the delivery of a final verdict are two separate processes. The court has announced no official date for its decision, so it cannot be said with certainty that the verdict will come before Diwali. Both factions and political circles in the state are watching closely what the Supreme Court will decide.