Shiv Sena Symbol Row: Supreme Court Questions ECI's Decision To Allot Bow-And-Arrow Symbol To Eknath Shinde Faction

The Supreme Court has raised questions about the Election Commission of India's (ECI) decision to grant the Shiv Sena's bow-and-arrow symbol to the Eknath Shinde faction. The bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is hearing challenges related to the 2022 split within the party. Uddhav Thackeray's faction is contesting the ECI's recognition of Shinde's group as the official Shiv Sena and assigning it the symbol.

Senior Advocate Neeraj Kishan Kaul argued on behalf of the Shinde faction, defending the ECI's approach of considering legislative strength among the factions. He questioned why the ECI couldn't have taken a neutral stance if the existing methods didn't suffice to determine which faction represented the Shiv Sena. Bagchi noted that the court had to differentiate between disqualification proceedings, which involve individual legislators, and disputes over a political party's reserved election symbol.

He also questioned whether the number of legislators supporting a faction could be used as the deciding factor in a situation where disqualification proceedings were still pending. Kaul explained that the ECI had taken into account the Shiv Sena's constitution, organizational structure, and the support enjoyed by both factions before deciding on legislative strength as the most practical test.

Both factions claim that the split led to a dispute over the party's identity and election symbol, with the Shinde faction initially seeking recognition from the ECI.