Shiv Sena Symbol
The Supreme Court has recently advised the Uddhav Thackeray-led Shiv Sena (UBT) to concentrate on the upcoming local body elections in Maharashtra, as it postponed hearing the faction’s plea regarding the allocation of the party’s iconic ‘bow and arrow’ symbol.
Senior advocate Kapil Sibal, appearing for the Thackeray faction, urged the court to take up their petition urgently. The plea challenges the Election Commission’s decision to officially recognise the Eknath Shinde faction as the legitimate Shiv Sena and grant them the traditional party symbol.
A bench comprising Justices Surya Kant and N. Kotiswar Singh informed Sibal that, due to time constraints before the court’s summer break, the matter could not be heard immediately.
Sibal stressed that the symbol, historically associated with the Thackeray-led Shiv Sena, would now appear on ballots for the Shinde faction in the local body elections. He highlighted its particular influence in rural constituencies, saying, “The symbol, which has been with Shiv Sena (UTB), will be used by the Shinde faction in local body elections, and it will matter especially in rural areas.”
When Justice Kant questioned the necessity of party symbols in local elections, Sibal clarified that in Maharashtra, symbols significantly influence voters. “It happens in Maharashtra, and the party symbol will have a great impact on voters’ minds,” he added.
Justice Kant responded by urging Sibal to focus on the elections themselves rather than the symbol dispute. “Let the elections be held smoothly. You concentrate on that. In local bodies, mostly voters don’t support a symbol,” he advised.
However, the court left open the possibility of an earlier hearing if Sibal could demonstrate exceptional urgency. In that case, the matter could be presented before a vacation bench.
The controversy began on February 17, 2024, when the Election Commission awarded the name ‘Shiv Sena’ and the ‘bow and arrow’ symbol to the Eknath Shinde-led group. Meanwhile, the Uddhav Thackeray faction was assigned the name ‘Shiv Sena (Uddhav Balasaheb Thackeray)’ along with the ‘flaming torch’ symbol for the February 26 assembly bye-elections.
Thackeray’s faction challenged the decision, arguing that the EC relied solely on legislative numbers in violation of a prior Constitution Bench judgment. They accused the Commission of abandoning its duty as a “neutral arbiter of disputes” under the 1968 Election Symbols Order.
The Supreme Court had previously allowed the Election Commission to determine the rightful claimant to the Shiv Sena name and symbol. On May 6, it cleared the way for long-delayed local body polls in Maharashtra, instructing the state election body to issue notifications within four weeks. The elections had been on hold for over five years due to complications surrounding reservation policies.
As the symbol battle simmers, the Thackeray faction must now navigate a critical electoral test—without the party emblem it once called its own.
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