{"id":33576,"date":"2026-08-18T19:20:27","date_gmt":"2026-08-18T13:50:27","guid":{"rendered":"https:\/\/petrolnews.in\/live\/uddhav-thackeray-challenges-election-commission-order-in-sc\/"},"modified":"2026-08-18T19:20:27","modified_gmt":"2026-08-18T13:50:27","slug":"uddhav-thackeray-challenges-election-commission-order-in-sc","status":"publish","type":"post","link":"https:\/\/petrolnews.in\/live\/uddhav-thackeray-challenges-election-commission-order-in-sc\/","title":{"rendered":"Uddhav Thackeray Challenges Election Commission Order in SC"},"content":{"rendered":"

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The Uddhav Thackeray faction told the Supreme Court on Tuesday that the decision on Shiv Sena should come after the ruling on the disqualification of MLAs.<\/p>\n

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The Uddhav faction says that first it should be decided whether the rebel MLAs are disqualified or not, after which the Election Commission should decide which faction is the real political party.<\/p>\n

This argument was presented by Advocate Kapil Sibal before the bench of Chief Justice Suryakant, Justice Joymallya Bagchi and Justice V. Mohana.<\/p>\n

The bench was hearing arguments for the sixth day on the Uddhav faction’s petitions, which challenge the Election Commission’s decision to recognize the Eknath Shinde faction as the real Shiv Sena and award it the party name and bow-and-arrow symbol.<\/p>\n

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Appeal to decide on disqualification of MLAs first<\/strong><\/span><\/p>\n

Sibbal said that the Election Commission and the Maharashtra Assembly Speaker misunderstood the law. They considered the majority in the number of legislators as the political party itself, whereas both are different things.<\/p>\n

He said that the Election Commission should decide which is the real party, but this decision should only be made after the disqualification proceedings against the rebel legislators are completed.<\/p>\n

Sibbal said, “If these legislators are ultimately disqualified, then their numbers should not be counted in the Assembly.”<\/p>\n

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Disqualification notices to 39 legislators<\/strong><\/span><\/p>\n

Sibbal said that the number of rebel legislators facing disqualification was initially 16. Later it became 22 and finally 39. These legislators were accused of different violations.<\/p>\n

This included not following the party whip during the election of the Assembly Speaker and the subsequent trust vote.<\/p>\n

Questions on the January 10, 2024 decision<\/strong><\/span><\/p>\n

Sibal questioned the Assembly Speaker’s decision of January 10, 2024. The Speaker had dismissed the disqualification petitions and recognized the Shinde faction as the real Shiv Sena based on majority in the Assembly.<\/p>\n

Sibal said that the Speaker exceeded his authority by ignoring Shiv Sena’s 2018 leadership structure while making the decision.<\/p>\n

The Speaker had stated that the 2018 party constitution did not conform to Shiv Sena’s actual structure. Sibal termed this claim as being without legal basis under the 10th Schedule of the Constitution.<\/p>\n

He also questioned the Speaker’s conclusion that party chief Uddhav Thackeray’s wishes could not be considered as the party’s wishes.<\/p>\n

Sibal said, “It has been accepted that Uddhav is the party chief. Elections were fought under his leadership. Now how can the Speaker say that he need not be recognized?”<\/p>\n

Split in Legislative Party and Political Party are Different<\/strong><\/span><\/p>\n

Sibbal referred to the Supreme Court’s Subhash Desai case verdict. He said that a split in the legislative party does not automatically mean a split in the political party.<\/p>\n

He said that the Speaker ignored the organizational aspect of Shiv Sena by making majority in the assembly the sole basis.<\/p>\n

On August 13 also, the Uddhav faction had said that the provisions of the Constitution cannot be interpreted in a way that promotes the “mistake” which the anti-defection law was created to prevent.<\/p>\n

The bench is hearing two petitions filed by the Uddhav faction in 2024. These petitions challenge the Election Commission’s order that awarded the bow-and-arrow symbol to the Shinde faction.<\/p>\n

The petitions also challenge the Election Commission’s order dated February 17, 2023, which recognised the Shinde faction as the original Shiv Sena.<\/p>\n

The arguments could not be completed in Tuesday’s hearing. Now the case will be heard again on Wednesday.<\/p>\n

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The Uddhav Thackeray faction told the Supreme Court on Tuesday that the decision on Shiv Sena should come after the ruling on the disqualification of MLAs. The Uddhav faction says that first it should be decided whether the rebel MLAs are disqualified or not, after which the Election Commission should decide which faction is the…<\/p>\n","protected":false},"author":2,"featured_media":33577,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[2],"tags":[22906,24550,29574,22607,29573,21040,29572,29575],"class_list":["post-33576","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-nation","tag-election-commission","tag-maharashtra-politics","tag-mla-disqualification","tag-political-controversy","tag-shiv-sena","tag-supreme-court","tag-uddhav-thackeray","tag-uddhav-vs-shinde"],"_links":{"self":[{"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/posts\/33576","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/comments?post=33576"}],"version-history":[{"count":0,"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/posts\/33576\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/media\/33577"}],"wp:attachment":[{"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/media?parent=33576"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/categories?post=33576"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/petrolnews.in\/live\/wp-json\/wp\/v2\/tags?post=33576"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}