SC to hear on September 27 if Election Commission can decide on 'real' Shiv Sena

On August 23, the top court had referred the petitions filed by the Uddhav Thackeray-led faction and Eknath Shinde-led faction to the Constitution bench

The Supreme Court on Wednesday said it would decide on September 27 whether the Election Commission can go ahead to adjudicate upon as to which faction between Uddhav Thackeray and Eknath Shinde will have claim over the Shiv Sena's 'bow and arrow' symbol.

A five-judge Constitution bench presided over by Justice D Y Chandrachud said it would hear all the contesting parties, as well as the Election Commission on interlocutory application filed on behalf of Thackeray's group.

Senior advocate Neeraj Kishan Kaul, for Shinde faction, submitted the issue has to be decided on urgent basis as municipal elections are scheduled in coming months.

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In a matter related to disqualification proceedings, the application was filed to restrain the poll panel from the deciding the question, he pointed out.

Appearing for Thackeray group, senior advocates Kapil Sibal and A M Singhvi said if the rebel MLAs stood disqualified, they would not be entitled to go to the Election Commission to lay claim over the party.

The counsel also said the issue pertaining to intra-party dispute has also been referred for adjudication before the Constitution bench.

Kaul, for his part, contended that the matter before the EC was a separate proceedings. It had got nothing to do with the disqualification proceedings as any member of a political party is free to approach the poll panel. The issue before the court, was related to the power of Speaker, he said.

Senior advocate Arvind Datar, appearing for the EC, submitted that under Symbols order, if there is a complaint we have to take it on board and we have to issue notice to other side. He said the EC had earlier told the court that no injunction was needed as it takes a lot of time to decide such issues.

The court, however, asked the parties to reserve their arguments for September 27. It also asked the parties to file a written note not exceeding three pages.

A three-judge bench had on August 23 framed the legal questions out of the political fight between the Thackeray and the Shinde groups of Shiv Sena in Maharashtra and referred the case before the Constitution bench.