When Will the Supreme Court Hear Uddhav Thackeray's Plea?

Synopsis
Key Takeaways
- The Supreme Court will hear the case on November 12.
- Uddhav Thackeray is challenging the ECI's decision regarding the party name and symbol.
- This case has significant implications for Maharashtra's political landscape.
- The urgency stems from upcoming local polls in January 2026.
- The ECI maintains that its decision was well-reasoned and lawful.
New Delhi, Oct 7 (NationPress) The Supreme Court has scheduled November 12 for the consideration of a petition submitted by Uddhav Thackeray, contesting the Election Commission of India's (ECI) decision to award the party name 'Shiv Sena' along with its emblematic election symbol 'Bow and Arrow' to the faction led by Eknath Shinde.
A Bench composed of Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh agreed to address the case next month after senior advocate Kapil Sibal, representing Thackeray, highlighted the urgent need for resolution due to local elections in Maharashtra slated for January 2026.
The apex court stated, “We will hear all parties on November 12, and if necessary, we can continue the hearing on November 13.”
Sibal also requested immediate attention to another petition filed by the Shiv Sena (UBT) faction. This petition challenges the Maharashtra Assembly Speaker's decision not to disqualify 16 MLAs from the ruling faction, including then Chief Minister Eknath Shinde, asserting that the Shinde group constitutes the genuine 'Shiv Sena' as it holds a majority in both the legislature and the party’s National Executive.
The Justice Kant-led Bench noted that Sibal should seek the Chief Justice of India’s (CJI) approval for a joint hearing since the other petition is currently with a different Bench.
In March 2023, the Supreme Court had previously declined to stay the ECI ruling that recognized the Eknath Shinde faction as the official Shiv Sena and granted it the party name and symbol. However, it did agree to consider Uddhav Thackeray's challenge to this decision.
The court remarked, “We cannot issue an order to stay the Election Commission order. We are entertaining the SLP (special leave petition) by Thackeray against the EC order.”
Thackeray's petition claims that the Election Commission has not acknowledged his overwhelming support from the party's grassroots.
Additionally, the petition asserts that the ECI has failed to fulfill its role as a neutral party in disputes under paragraph 15 of the Symbols Order, acting in a way that undermines its constitutional authority.
In its counter-affidavit, the ECI defended its position, stating that it issued a “well-reasoned” order in a quasi-judicial capacity when allotting the name and symbol of the Shiv Sena to the Shinde faction.
According to the ECI, “Since the impugned order was passed not in an administrative capacity of the commission but in a quasi-judicial capacity under Paragraph 15 of the Symbols Order, it has no contentions to make on the merits of the case as the impugned order is a well-reasoned order and covers all the issues raised by the petitioner.”