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The matter was heard on Friday before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, where the court was examining the dispute arising from the split within the Shiv Sena following its division in June 2022. Since the split, Eknath Shinde’s faction has been using the “bow and arrow” symbol, a decision challenged by Uddhav Thackeray, who has objected to the allocation and continues to contest it before the apex court.
During the hearing, the Chief Justice strongly criticized the conduct of leaders from the UBT faction, stating that while lawyers appear before the court seeking adjournments and expedited hearings, their leaders simultaneously make statements outside the courtroom that damage the credibility and image of the judiciary. The bench issued a clear warning that such conduct would not be tolerated.
The issue escalated when senior counsel representing the Thackeray faction, Devdat Kamath, sought an urgent listing of the matter. The Chief Justice interrupted the request and referred to media statements made by political representatives of the faction, expressing serious concern over their impact on ongoing judicial proceedings.
The Election Commission’s earlier determination remains central to the dispute. The Commission had observed that out of 55 legislators, 40 aligned with the Shinde faction, along with 13 out of 18 Members of Parliament. Based on this legislative majority, accounting for nearly 76 percent of the total legislative strength, the Commission recognized the Shinde group as the legitimate Shiv Sena and allotted it the “bow and arrow” symbol.
The Uddhav Thackeray faction has consistently argued that the decision ignored the party’s organizational structure and internal representative body, where Uddhav Thackeray reportedly held majority support. They maintain that the Election Commission’s reliance on legislative strength alone was legally flawed and undermined the party’s foundational democratic framework.
The Supreme Court has now scheduled the next hearing for July 30, as the politically sensitive dispute over the party’s identity and symbol continues to remain unresolved.
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