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Times of India·3 min read·hard

'Real' Sena case in SC: Shinde camp backs EC’s ‘organisational majority’ test

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PRIYANKA JAISWAL
'Real' Sena case in SC: Shinde camp backs EC’s ‘organisational majority’ test
✦AI Summary

The Supreme Court is hearing arguments regarding the Eknath Shinde-led Shiv Sena faction's legitimacy, focusing on the Election Commission's use of the 'organisational majority' test. The Shinde camp argues that the split was within the political party, not just the legislative wing.

Why it matters

This case sets a significant legal precedent for how political party splits and symbols are adjudicated in India's parliamentary democracy.

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NEW DELHI: The Supreme Court on Tuesday resumed final hearing on pleas challenging the Maharashtra Speaker’s refusal to disqualify MLAs of the Eknath Shinde-led Shiv Sena faction, with the group defending the Election Commission’s decision to recognise it as the “real” Shiv Sena.A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana is also hearing the Uddhav Thackeray faction’s challenge to the EC’s February 17, 2023, order allotting the Shiv Sena name and ‘bow-and-arrow’ symbol to the Shinde camp.‘EC can examine party structure’Senior advocate Neeraj Kishan Kaul, appearing for the Shinde faction, argued that the EC was empowered under Article 324 to examine a party’s constitution and organisational structure while deciding which faction represented the real party.“Your Lordships must see the entire record.

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