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Supreme Court Grapples with Shiv Sena’s Identity Crisis

Ongoing Shiv Sena Identity Dispute Heading to Supreme Court

October 11, 2023: The identity crisis within the Shiv Sena party continues to unfold, with the Supreme Court at the center of the ongoing battle. While Chief Minister Eknath Shinde’s attempt to rally 40 MLAs for a revolt was quashed, the question of who truly represents the authentic Shiv Sena remains unanswered. Even though Eknath Shinde’s faction currently holds the reins of power, Uddhav Thackeray is determined to challenge his authority.

The Election Commission had previously granted the Shiv Sena name and party symbol to the Shinde group, but this decision was swiftly contested by the Thackeray faction, who filed a petition with the Supreme Court. Originally scheduled for a hearing today, this petition has been postponed, further prolonging the uncertainty.

The Supreme Court is also gearing up to revisit the Nabam Rebia case, a significant development in this ongoing saga. A key point of contention centers around the potential impact of a vote of no confidence against the Speaker of the Vidhan Sabha on the President’s decisions. This case is set to begin tomorrow, to be heard by a bench of seven judges. The Thackeray faction had specifically requested that a seven-judge bench be assigned to the matter.

In this upcoming Supreme Court hearing, evidence from the Nabam Rebia case will be revisited. Siddharth Shinde, a lawyer, explained, “The hearing against the Election Commission’s decision, which was initially scheduled for today, has been postponed due to the parliamentary bench’s session. Uddhav Thackeray had high hopes of securing the party name and symbol, but now those hopes have been dashed. The next hearing may not take place for another 1-2 months.”

He further added, “The case’s progress may be hindered due to Dussehra and Diwali holidays. If the hearing had taken place today, we could have expected a resolution within a month or two.” The Nabam Rebia case established that if an MLA initiates a no-confidence motion against the President, the President cannot make decisions on disqualification. However, this case’s conclusion remains uncertain.

MLA Disqualification Hearing

Additionally, an upcoming hearing on MLA disqualification, originally scheduled for the 13th, has been moved to the previous day, the 12th. The Assembly Speaker has made this change to the schedule. Tomorrow, the Thackeray faction’s request to hear all the petitions together will also be addressed. The hearing is slated for 2 pm.


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