A Supreme Court bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana is hearing petitions in the Shiv Sena symbol dispute.
The lead plea, by Uddhav Thackeray faction member Sunil Prabhu, challenges the Maharashtra Speaker's refusal to disqualify Eknath Shinde faction MLAs under the Tenth Schedule.
A related petition challenges the Election Commission of India's (ECI) 2023 decision recognising the Shinde faction as the official Shiv Sena and awarding it the "bow and arrow" symbol.
Bagchi's Query, Kamat's Response
At an earlier hearing, Justice Bagchi had asked whether the Court could itself declare Shinde and associates disqualified if the Speaker's order was unsustainable, or remand the matter.
Senior Advocate Devadatt Kamat, for Shiv Sena (UBT), responded that disqualification operates "by operation of law," with no scope for the Speaker to act as adjudicator on punishment.
He argued Shinde's faction still enjoys the fruits of defection since the ECI's order rested solely on the legislative-majority test, and that if UBT cannot get the symbol, it should be frozen.
He said a declaration relating disqualification back to June 2022 would bear on the ECI's 2023 recognition.
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Bench's Questions
Justice Bagchi questioned what MLAs would be disqualified from, given the assembly's term ended in 2024, and by whom, since the Speaker concerned no longer holds office. Kamat said the legal finding would still matter for the ECI's decision.
CJI Kant agreed the Court retains power to decide the question, while noting parties must get a hearing if the Speaker's test is found invalid; Kamat said all sides are already represented.
Precedents Cited
Kamat cited Rajendra Singh Rana v. Swami Prasad Maurya (BSP split case), where the Court itself returned disqualification findings after Speaker inaction, and the Subhash Desai ruling, which he said disapproved reliance on legislative majority during pending disqualification proceedings.
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ECI's Jurisdiction Questioned
Kamat argued the ECI cannot examine a party's constitutional validity under Para 15 of the Symbols Order, citing the Law Commission's 255th report, and that Shinde's side never raised this before the ECI. He said party-structure disputes must first go through intra-party forums before the ECI.
He further submitted the symbol issue need not be remanded to the ECI and could be decided by the Court itself. The hearing continues.
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