Eknath Shinde faction argues in Supreme Court ‘legislative majority’ still a factor to decide ‘real’ Shiv Sena
The Eknath Shinde faction is arguing before the Supreme Court that the legislative majority test remains a valid metric for determining the legitimate leadership of the Shiv Sena party. This legal battle follows the 2023 split in the party and the subsequent allocation of the party symbol to the Shinde-led unit.
Why it matters
The case has significant implications for Indian constitutional law regarding party splits, anti-defection rules, and the authority of the Election Commission.
Maharashtra Deputy Chief Minister Eknath Shinde’s faction in the Supreme Court on Wednesday (September 2, 2026) argued that the ‘legislative majority test’ cannot be ruled out as a determining factor to conclude which rival faction in a political party holds the larger numbers.
Appearing before a three-judge Bench headed by Chief Justice Surya Kant, senior advocate Neeraj Kishan Kaul, for the Shinde faction, said the Supreme Court had not ruled out the veracity of the test in a 2023 Constitution Bench judgment in the Subhash Desai case.
Mr. Kaul contended that the Shinde faction had parted ways due to disenchantment over Uddhav Thackeray’s decision to join the Maha Vikas Aghadi political alliance with parties ideologically opposed to the principles of the Shiv Sena.
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