Shiv Sena (UBT) Symbol Case: Supreme Court Delay Grossly Unjustified, Uddhav Thackeray Faction Claims

Mumbai: A perception has strongly gained ground in Maharashtra that the Supreme Court has been most unfair to the Shiv Sena faction led by Uddhav Thackeray. For the past two years the Sena (UBT) has been beseeching the apex court for an early hearing of its plea against the allotment by the Election Commission of India (ECI) of the "Bow & Arrow" election symbol to the breakaway Sena faction led by Eknath Shinde.

Long-Standing Symbol Dispute

In July when the lawyer representing Sena (UBT) pleaded for urgency in the matter especially in the context of the upcoming local body elections in Maharashtra, the court rejected the plea. When senior advocate Devdutt Kamat mentioned the matter before a two-judge vacation bench of Justice M.M. Sundresh and Justice K. Vinod Chandan, the lordships were unconvinced about the urgency of the matter and even went on to remark "if it is pending, then no problem. No rights will go. What is the urgency?"

However, now there is a window of hope with a bench of the top court consisting of Justice Surya Kant and Justice Joymalya Bagchi agreeing that the matter has been "pending for long and the uncertainty cannot be allowed to continue." The court has now decided to list the matter on October 8 for final hearing.

The dispute revolves around the February 17, 2023 decision of the ECI recognising the faction led by Shinde as the real Shiv Sena and awarding the original party name and the "Bow & Arrow" symbol to Shinde. The ECI exercised its powers under Article 324 of the Constitution and Section 29A of the Representation of the People Act, 1951. It is this controversial order which Uddhav Thackeray has challenged.

The SC's conduct in this matter had in the past also raised eyebrows in legal circles. On June 27, 2022 a vacation bench consisting of Justice Surya Kant and Justice J.B. Pardiwala had given the rebel group 12 days breathing time to respond to the notice of disqualification issued by the then acting speaker while the normal time is only seven days.

Alleged Judicial Disparity

What is shocking is that in an identical case vis-a-vis the split in the Nationalist Congress Party (NCP) the SC allowed the breakaway group led by Ajit Pawar to use the original symbol "Clock" provided that it issues public notices in widely circulated media clarifying that the dispute of the ECI's allocation of this symbol was still sub judice.

A simple plea by the Sena (UBT) faction for a similar order in the case filed by it has been turned down by the SC without any justification. On grounds of parity, Sena (UBT) ought to have been granted a similar relief.

Governance Implications

Local body elections in Maharashtra have been delayed by several years and in the absence of elected representatives bureaucrats are having a field day. In Mumbai, for instance, elections to the BMC were last held in 2017 and its term expired in 2022.

Since then the largest civic body in the country has been ruled by babus with scant concern for the metropolis. Contracts worth thousands of crores are being awarded in controversial circumstances behind the back of citizens.

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Hope for Resolution

It is hoped that the SC will at least now recognise the urgency of the situation and pass its final order on the application made by the Shiv Sena (UBT) in October. It is not about a question of giving justice to a political party , but to an entire state.