Can Party Symbol Be Given to Those Accused of Committing 'Constitutional Sin' of Defection: Supreme Court
The bench questioned whether the Election Commission could use legislative strength to award the bow-and-arrow symbol while disqualification cases remain pending.
- On Tuesday, The Supreme Court questioned the Election Commission's reliance on legislative strength to allot the reserved Shiv Sena bow-and-arrow symbol to the Eknath Shinde-led faction amid pending disqualification proceedings.
- The Bench challenged whether the "sentiment of the symbol" should benefit members who committed the "constitutional sin" of defection, questioning the decision to prioritize legislative numbers over other factors.
- Senior advocate Neeraj Kishan Kaul defended the legislative majority test, asserting that 40 MLAs supporting Shinde accounted for 76% of votes polled for Shiv Sena MLAs, while 13 MPs represented 73% of elected MPs.
- Justices Joymalya Bagchi and V. Mohana questioned whether the Election Commission should have denied the reserved symbol to both factions, requiring separate symbols while disqualification proceedings remained pending against the majority MLAs.
- The hearing remained inconclusive and will continue today, Wednesday, October 7, 2026. The Court examines the complexity of defining grassroots support within the "muddled situation" of Indian politics beyond legislative counts.
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11 Articles
The Supreme Court heard the Shiv Sena's election symbol (bow and arrow) dispute. Senior advocate N.K. Kaul presented legal arguments supporting the Election Commission's decision, citing the party's constitution and democratic values. The court adjourned the hearing until tomorrow at 2 pm.
'Constitutional sin': SC questions Shinde faction's Sena symbol claim
The Supreme Court is examining the Election Commission's decision to allot the Shiv Sena's bow-and-arrow symbol to the Eknath Shinde faction. The court questioned the validity of relying primarily on legislative strength, particularly when MLAs face disqualification. Arguments from the Shinde faction defended the EC's test, while the court raised concerns about the 'sentiment of the symbol' for defectors and the practicalities of assessing grass…
During the hearing in the Supreme Court on the Shiv Sena election symbol dispute case, the lawyer of the Shinde faction said that the Election Commission will have to decide on the election symbol dispute, a decision on this is necessary.
Supreme Court Questions ECI’s Shiv Sena Bow And Arrow Symbol Order
The Supreme Court on Tuesday raised a significant question over the Election Commission’s decision to recognise the Eknath Shinde-led faction as the Shiv Sena and allot it the party’s reserved ‘bow and arrow’ symbol. A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing pleas filed […]
The Supreme Court made a major comment on Tuesday during the hearing on the split in Shiv Sena and the allocation of name and election symbol.
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