Shiv Sena ‘sin of defection’ must not be rewarded, Uddhav camp tells SC

The Story in Brief

The Uddhav Thackeray-led Shiv Sena (UBT) told the Supreme Court on Thursday that constitutional provisions cannot be interpreted to reward defection. Senior advocate Kapil Sibal argued before a bench headed by Chief Justice Surya Kant that the anti-defection law was designed to prevent the very conduct the Shinde faction's recognition encourages. Sibal said the legal test for disqualification is entirely different from the test for determining a party split.

The court is hearing petitions by the Thackeray faction challenging the Election Commission's decision to recognise the Eknath Shinde-led faction as the real Shiv Sena and allot it the 'bow and arrow' symbol. The bench noted that a split could originate in the legislature party and spread to the organisation. Sibal countered that a split in the legislature party alone cannot amount to a split in the political party. The hearing will continue on 18 August.