Setback for Team Uddhav as Supreme Court allows EC to decide on ‘real Shiv Sena’

In a setback for Uddhav Thackeray, the Supreme Court Tuesday refused to stop the Election Commission (EC) from deciding on an application by Eknath Shinde-led group to be recognised as the real Shiv Sena and be allowed to use the party symbol.

A five-judge Bench comprising Justices D Y Chandrachud, M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha has allowed the EC to proceed with the Shinde group’s plea.

“We direct that there would be no stay of the proceedings before the Election Commission of India. Accordingly, the Interlocutory Application is dismissed,” the court said.

Kapil Sibal, the Uddhav faction lawyer, had argued before the court that Shinde cannot approach the EC as he has ‘incurred disqualification.’ Referring to his breaking away and forming his own faction earlier in the year, Sibal said that Shinde’s actions amounted to ‘voluntary giving up of the party membership under Paragraph 2(1)(a) of the Tenth Schedule; also he has violated the party whip,’ as per the same Schedule.

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