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Maharashtra: Setback for Thackeray team as SC allows EC to decide which faction between Thackeray and Shinde be recognised as ‘real’ Sena

Shiv Sena's Uddhav Thackeray faction has suffered a major setback from the Supreme Court. The Supreme Court on Tuesday allowed the Election Commission of India to take a decision on which faction of the Shiv Sena is real and rejected a plea by the Uddhav Thackeray-camp to stay proceedings in the matter.

By Priyanka Verma 
Updated Date

Mumbai: Shiv Sena’s Uddhav Thackeray faction has suffered a major setback from the Supreme Court. The Supreme Court on Tuesday allowed the Election Commission of India to take a decision on which faction of the Shiv Sena is real and rejected a plea by the Uddhav Thackeray-camp to stay proceedings in the matter. The Supreme Court has also allowed the election commission to decide which faction – Uddhav Thackeray and Eknath Shinde — is to be recognised as the “real” Shiv Sena party. The election commission will also take a call on the allotment of the bow and arrow symbol.

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The other faction is led by Maharashtra chief minister Eknath Shinde. Justice DY Chandrachud, heading a constitution bench, rejected the plea of the Uddhav Thackeray-led faction seeking to restrain the EC from deciding the Shinde group’s claim on being the “real” Shiv Sena.

“We direct that there would be no stay of the proceedings before the Election Commission,” the bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha said. Earlier in the day, Sena president and former CM Uddhav Thackeray had said he was confident that his team will emerge victorious in the legal tussle with the rebel team.

“I have full faith in the judiciary and we will win,” Thackeray told Sena workers in Mumbai.The Maha Vikas Aghadi government, which constituted of the Shiv Sena, Congress and NCP, collapsed after a revolt by Shinde and 39 other legislators against the Sena leadership. Shinde was sworn in as the Chief Minister of Maharashta on June 30 along with BJP’s Devendra Fadnavis as his deputy.

On August 23, the Supreme Court had referred to a five-judge bench the petitions filed by the Thackeray and Shinde-led factions raising several constitutional questions related to defection, merger and disqualification.

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Thackeray’s lawyers had earlier submitted that party MLAs loyal to Shinde can save themselves from disqualification under the 10th Schedule of the Constitution only by merging with another political party. The Shinde group had contended the anti-defection law is not a weapon for a leader who has lost the confidence of his own party.

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