Split in legislature party does not amount to split in political party, Shiv Sena (UBT) tells Supreme Court
The Shiv Sena (UBT) faction argued before the Supreme Court that a split in a legislative party does not legally constitute a split in the political party itself. The legal challenge contests the Election Commission's decision to grant the party symbol to the Eknath Shinde-led faction.
Why it matters
This case has significant implications for Indian constitutional law regarding party defections and the authority of the Election Commission.
A split in a legislative party can never, by itself, amount to a split in the political party and the Election Commission of India 's decision to recognise the Eknath Shinde-led unit as "real Shiv Sena" and grant it the bow-and-arrow symbol was unlawful, the Uddhav Thackeray faction told the Supreme Court on Tuesday (August 11, 2026).
The assertions were made by senior advocate Kapil Sibal, appearing for the Shiv Sena (UBT) , before a bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V. Mohana on the third day of final hearing.
The bench was hearing two pleas filed in 2024 by the Uddhav faction against the poll panel's order allotting the 'bow and arrow' symbol to the Maharashtra Deputy Chief Minister Eknath Shinde-led unit.
The pleas have also challenged the February 17, 2023 order of the ECI recognising the Shinde faction as the original Shiv Sena.
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