Now Reading: Shiv Sena UBT tells Supreme Court legislative split mocks democracy
-
01
Shiv Sena UBT tells Supreme Court legislative split mocks democracy
The Supreme Court on Wednesday examined whether a split in the Shiv Sena legislature party can later extend to the party organisation and primary membership. The Uddhav Thackeray faction told the Court…
The Story in Brief
The Supreme Court on Wednesday examined whether a split in the Shiv Sena legislature party can later extend to the party organisation and primary membership. The Uddhav Thackeray faction told the Court that allowing a legislative wing to break away and claim to be the whole party makes a mockery of democracy and topples lawfully elected governments.
Senior advocate Kapil Sibal argued that the Election Commission ignored Shiv Sena's 2018 constitution to conclude a split in the party based solely on the legislative majority. Justice Joymalya Bagchi observed that a split might originate in the legislature and then "percolate" into the primary organisation. The final hearing continues on the symbol dispute between the Uddhav and Shinde factions.
The Indian Opinion
The Election Commission gave Eknath Shinde the party name and symbol because his faction had more MLAs. But a party is not just its legislators; it has a constitution, office-bearers, and a primary membership across the state. The Uddhav faction says the Commission ignored its 2018 party constitution and predetermined its conclusion. The real test coming from the Supreme Court is this: can a split that starts in the legislature later spread into the party organisation and primary membership? The answer will decide how future floor-crossings are judged.
Sources (2): livelaw.in, thefederal.com
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
