Mumbai: The Supreme Court is hearing the ongoing case related to the disqualification of Shiv Sena MLAs. During the hearing, senior advocate Kapil Sibal, representing the Uddhav Thackeray-led faction, sought to freeze the Bow and Arrow election symbol allotted to the Shiv Sena led by Eknath Shinde. Shinde has now responded to the demand, saying the matter is currently before the Supreme Court.
Eknath Shinde on Kapil Sibal’s Argument
Eknath Shinde said that since the matter is being heard by the Supreme Court, it would not be appropriate for him to comment on the proceedings. He also said that Kapil Sibal had raised similar arguments during the earlier hearings of the case and that the same points were being repeated again.
Shinde further said that the matter is sub judice and therefore he did not want to make detailed comments on it.
Shinde Highlights Importance of Majority
While responding to questions, Shinde said that majority holds an important place in a democracy. He pointed to the political developments after 2022 and said that the government formed at that time was accepted by the people of Maharashtra.
He also referred to the subsequent election mandate, saying that the government returned with a strong majority. According to Shinde, receiving such a mandate from voters is significant and demonstrates the importance of the people’s verdict in a democracy.
Kapil Sibal’s Argument on the Shiv Sena Symbol
During the Supreme Court hearing, Kapil Sibal argued that the political party and its legislature wing are separate entities. Referring to the Shiv Sena’s 2018 constitution, he highlighted the role and authority of the party leadership under the organisational structure in place at that time.
Sibal argued that Uddhav Thackeray was leading the party and had exercised key organisational powers. He contended that legislators who rebelled against the party leadership could not subsequently claim control over the political party.
Sibal also questioned the process through which Eknath Shinde was recognised as the party’s chief leader and raised arguments concerning the political developments that followed the split within the Shiv Sena.
Devadatt Kamat Continues the Arguments
After Sibal completed his submissions, senior advocate Devadatt Kamat continued arguments on behalf of the Uddhav Thackeray-led faction.
During the proceedings, Justice Bagchi raised questions concerning whether Eknath Shinde could be disqualified and whether the matter could instead be sent back to the concerned authority for a fresh decision.
The hearing has significant political and constitutional implications, particularly concerning the Shiv Sena’s organisational control, the Bow and Arrow symbol and the disqualification of MLAs. The Supreme Court’s eventual decision in the case is expected to have an important bearing on these issues.