Shinde camp lawyer Kaul: separate stand by MLAs, MPs shows split within party

The legal battle over the Shiv Sena party and its bow-and-arrow symbol reached a new stage in the Supreme Court. Senior advocate Neeraj Kishan Kaul, appearing for the Shinde camp, put forward a strong argument before the court. Kaul said the decision given by the Speaker of the Assembly and the Election Commission was entirely correct and did not violate the Constitution in any way. He stated this clearly before the court.

Earlier, senior advocate Kapil Sibal, appearing for the Thackeray camp, had raised an important point before the court. Sibal had argued that a split within the legislature party could not be treated as a split within the party. Neeraj Kishan Kaul rejected this argument outright before the court.

According to Kaul, Uddhav Thackeray had decided to go with the Congress, departing from the party's ideology. At that time, several Shiv Sena MLAs and MPs took a different stance. Kaul said this differing political position was, in fact, a political split within the party. He also argued that the Election Commission has full authority to decide on the party and its symbol.

Kaul also told the court that merely two factions forming within a party does not by itself prove a political dispute. But if MLAs and MPs are taking different stances, holding separate meetings and passing separate resolutions, it clearly shows that an internal conflict is under way within the party.

Kaul also spoke about the Shiv Sena's party constitution before the court. He said the claim that the post of "Pakshapramukh" was created in 2018 was incorrect, and that this post had actually been created in 2013 itself. He also made clear that under Article 324 of the Constitution, the Election Commission has very wide powers.

The Shinde camp says that before approaching the Election Commission, separate resolutions were passed by both sides, separate meetings were held, and demands were also raised to disqualify each other. Because of this, the matter was not confined to the legislature alone but extended to the entire party. The whole political circle in Maharashtra is now watching for the Supreme Court's final verdict in this case.