In a blow to Uddhav Thackeray, a Constitution Bench of the Supreme Court on Tuesday allowed the Election Commission of India (ECI) to go ahead and decide on Maharashtra Chief Minister Eknath Shinde's claim that his faction represents the "real" Shiv Sena party.
The Bench led by Justice D.Y. Chandrachud dismissed the Thackeray camp's plea to stay the Election Commission of India (ECI) proceedings under the Election Symbols (Reservation and Allotment) Order of 1968.
Mr. Thackeray’s side argued that disqualification petitions against the Shinde faction were pending before the Assembly Speaker under the Tenth Schedule (anti-defection law) of the Constitution. Moreover, they contended that the ECI proceedings should be stayed till the Constitution Bench decides questions of law referred to it, which include whether the dissent of Mr. Shinde’s faction, without subsequently forming a new party or merging with another, amounted to a “split” from the original Shiv Sena party. A “split” from the original political party without a subsequent merger with another party or formation of a new faction is not a defence under the Tenth Schedule since January 1, 2004.
