Now Reading: Uddhav camp tells SC defection cannot be rewarded under Constitution
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Uddhav camp tells SC defection cannot be rewarded under Constitution
On Thursday, the Uddhav Thackeray-led Shiv Sena (UBT) argued before the Supreme Court that taking into account events after a splinter group files a claim for the party symbol would encourage defections…
The Story in Brief
On Thursday, the Uddhav Thackeray-led Shiv Sena (UBT) argued before the Supreme Court that taking into account events after a splinter group files a claim for the party symbol would encourage defections and defeat the anti-defection law. Senior advocate Kapil Sibal told a bench led by Chief Justice Surya Kant that the Constitution cannot be interpreted to reward the 'sin' of defection.
Sibal cited the Rajendra Singh Rana case to argue that subsequent defections cannot be aggregated to meet the one-third threshold for a split. The court is hearing the Thackeray faction's challenge to the Election Commission's recognition of the Eknath Shinde faction as the real Shiv Sena with the 'bow and arrow' symbol. The hearing was adjourned to August 18.
The Indian Opinion
Both sides claim the moral high ground in this Shiv Sena battle. The Uddhav camp's argument that considering events after the split claim encourages defection is legally sound, but it overlooks that the Shinde faction had the legislative majority. The real test: should the Election Commission weigh organisational strength or the moment of split alone? The Supreme Court's answer will shape how future defections are judged under the anti-defection law.
Sources (2): timesofindia.indiatimes.com, livelaw.in
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
