Supreme Court Refuses Urgent Hearing on Thackeray’s Claim Over Shiv Sena Party Symbol
Image Source: Live Law
The Supreme Court on Wednesday declined an urgent hearing on Uddhav Thackeray-led Shiv Sena (UBT)’s plea. The plea was filed to retain the party’s name and ‘bow and arrow’ symbol for the upcoming Maharashtra local-body elections. A bench of Justices M.M. Sundresh and K. Vinod Chandran posted the matter for July 14, observing that the polls were yet to be notified.
“What is the urgency now? Even if elections are announced, you can seek directions in the pending matter,” the bench remarked. The plea was filed in a pending petition challenging the Election Commission’s February 2023 order recognising the Eknath Shinde faction as the official Shiv Sena.
Senior advocate Devadatt Kamat, representing Thackeray, argued for urgency, citing impending elections for 27 municipal corporations, 232 municipal councils, and 125 nagar panchayats. He referenced the Supreme Court’s May 6 directive to Maharashtra to conduct the polls within four months. Local body elections have been stalled since 2022 due to legal challenges over OBC reservation.
Kamat contended that once election notifications are issued, symbol allocation becomes irreversible. He urged the court to either stay the EC’s 2023 order or expedite the hearing. Drawing parallels, he cited the NCP symbol dispute, where the court allowed Ajit Pawar’s faction to use the ‘clock’ symbol conditionally, with a disclaimer.
The Thackeray faction sought similar interim relief, claiming voters associate Shiv Sena’s identity—its saffron flag, ‘roaring tiger’ emblem, and bow-and-arrow symbol—with Balasaheb Thackeray’s legacy. Kamat alleged the Shinde group’s use of the symbol misleads voters, causing “grave prejudice” to the original party.
The court, however, maintained that the issue could be addressed post-notification, deferring the hearing to mid-July.
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