Shiv Sena (UBT) urges the Supreme Court of India to urgently hear its challenge over the iconic ‘bow and arrow’ election symbol awarded to the Eknath Shinde faction ahead of Maharashtra’s local body polls.

Shiv Sena (UBT) Seeks Urgent Supreme Court Hearing on Election Symbol Dispute

As the upcoming Maharashtra local body elections draw near, the Shiv Sena (Uddhav Balasaheb Thackeray)—commonly known as Shiv Sena (UBT)—has requested the Supreme Court of India to expedite its hearing on the ongoing electoral symbol dispute.

Background of the Symbol Dispute: Shiv Sena vs. Shinde Faction

In the ongoing case of Sunil Prabhu v. Eknath Shinde & Ors., the Election Commission of India officially recognized the Eknath Shinde faction as the legitimate Shiv Sena and allocated the iconic bow and arrow election symbol to them. In response, the Uddhav Thackeray-led faction has approached the apex court to challenge this decision.

Kapil Sibal Pushes for Swift Judicial Review

Representing Shiv Sena (UBT), senior advocate Kapil Sibal addressed the matter before a bench led by Justice Surya Kant, arguing that the urgency of the upcoming elections demands a prompt hearing. “Your lordships have ordered local body elections. Now there’s urgency,” Sibal emphasized in court.

2023 Constitutional Bench Ruling as Legal Basis

Sibal grounded his argument in the Supreme Court’s 2023 Constitutional Bench judgment, which asserted that legislative majority alone is insufficient to determine the legitimacy of a political party. He claimed that the Election Commission had incorrectly relied solely on parliamentary strength when awarding the symbol to the Shinde faction.

Supreme Court Responds with Caution Ahead of Holidays

Justice Surya Kant noted that it might not be feasible to list the case before the court’s holiday recess. Sibal reiterated his reliance on the Constitution Bench’s ruling, pressing for urgency in the matter.

Justice Kant questioned the necessity of expedited proceedings, asking why the Shiv Sena (UBT) couldn’t contest with their currently allotted symbol. “Each of you has a symbol,” he remarked. Sibal countered, “But he has the original symbol of Shiv Sena.”

Symbolism and Precedents: Drawing from the NCP Case

Sibal argued that interim relief was granted in a similar situation involving the Nationalist Congress Party (NCP), implying the same could be applied here. However, Justice Kant reminded the court that the NCP case involved specific conditions and that the local body electorate may not prioritize symbols as significantly as expected.

Supreme Court May Consider Listing Case During Vacation

Concluding the hearing, Justice Kant responded to Sibal’s call for urgency: “I haven’t looked at it from that viewpoint… We’ll do our best to learn. We can put it on vacation if it’s that urgent.”

Conclusion: Awaiting Clarity Ahead of Crucial Elections

As Maharashtra gears up for its critical local body elections, the Shiv Sena (UBT)’s plea highlights ongoing tensions over party identity and electoral legitimacy. The Supreme Court’s eventual decision could set a significant precedent not just for this case, but for future disputes involving party symbols and internal splits. Until then, both factions will have to navigate the political landscape with their current positions—while the final verdict remains pending.