# Supreme Court questions legislative majority test in Shiv Sena row 2026-09-16T15:06:56+00:00 | Governance | Indian Opinion Desk Corroboration: 3 independent outlets The Supreme Court on Wednesday questioned whether legislative majority is a safe test to decide ownership of a political party when disqualification proceedings are pending against the MLAs forming that majority. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana posed the question to the Eknath Shinde faction during a hearing on the Shiv Sena dispute. Senior advocate Neeraj Kishan Kaul, representing the Shinde faction, argued that the Election Commission considered multiple tests before concluding that legislative majority was the only workable test in this case due to the party's autocratic structure and nominated members. Justice Bagchi suggested the EC could have denied the reserved symbol to both factions and directed them to contest on their own strength. The hearing concerns Uddhav Thackeray's challenge to the EC's recognition of the Shinde faction as the original Shiv Sena. The court is examining whether the EC exhausted all available options before its decision. ## Indian Opinion Analysis All three sources deliver neutral reportage of the Supreme Court hearing, focusing on Justice Bagchi's query about an alternative neutral course for the Election Commission. The Deccan Herald and LiveLaw lead with the court's question on disqualification proceedings, while Rediff highlights the scrutiny of legislative majority as the primary criterion. The coverage uniformly reports the Shinde faction's argument that organisational tests were unworkable and the court's suggestion of denying the reserved symbol. None of the sources take sides, sticking to courtroom exchanges. The bench's final decision on whether the EC must exhaust all options will determine the next phase of the dispute. ## Coverage - deccanherald.com (neutral report) Leads with court's question on disqualification, quotes both sides evenly - rediff.com (neutral report) Starts with key points summary, reports arguments without slant - livelaw.in (neutral report) Focuses on court's query about neutral symbol option, detailed legal arguments Tags: Eknath Shinde, Election Commission of India, Shiv Sena, Supreme Court, Uddhav Thackeray Canonical: https://indianopinion.org/supreme-court-questions-legislative-majority-test-in-sena-row/ License: Summary and commentary (c) Indian Opinion, reusable with attribution. Facts belong to the linked sources. Cite: https://indianopinion.org/supreme-court-questions-legislative-majority-test-in-sena-row/#story-in-brief