Shiv Sena bow-and-arrow symbol row: Supreme Court questions ECI

The Supreme Court on Wednesday asked the Election Commission of India (ECI) why it gave the Shiv Sena name and bow-and-arrow symbol to Maharashtra Chief Minister Eknath Shinde's faction. The court was hearing petitions challenging the decision.

A three-judge bench led by Chief Justice of India Surya Kant asked that if it was difficult for the commission to decide which faction was the real Shiv Sena, why a neutral symbol was not given to both factions. The bench, which also includes Justice Joymalya Bagchi and Justice Vipul M. Pancholi, was hearing petitions filed by the Uddhav Thackeray faction challenging the ECI's February 2023 decision.

The court also asked whether both factions could have been allowed to contest elections with separate symbols, so that each could prove its own political strength. During the hearing, the court remarked sharply, "Let both fight on their own strength, not on Balasaheb's strength."

Senior advocate Neeraj Kishan Kaul, appearing for the Shinde faction, defended the ECI's decision. He argued that the commission had examined several aspects, including the party's constitution, its objectives and organisational structure, before finally deciding on the basis of the number of elected representatives. According to the Shinde faction, the organisational test had practical difficulties because the party structure also included nominated members, and it would have been difficult to gauge support among ordinary workers on such a large scale. Kaul said this was why a majority of legislators provided a measurable basis for resolving the dispute.

The entire dispute began with the 2022 split in the Shiv Sena, when Eknath Shinde and some legislators rebelled against Uddhav Thackeray's government. Both factions then staked their claim to the Shiv Sena name and its traditional bow-and-arrow symbol. In February 2023, the ECI recognised the Shinde faction as the real Shiv Sena and allotted it the bow-and-arrow symbol, while the Uddhav Thackeray faction was given the name "Shiv Sena (Uddhav Balasaheb Thackeray)" and the flaming torch symbol.

The Supreme Court is now examining whether the ECI applied the correct tests, and whether an option like a neutral symbol should also have been considered. The court has not struck down the ECI's decision so far. The next hearing in the case will be held on September 17.