SC may freeze Sena Symbol, says Uddhav’s lawyer; case to be heard on Friday

The Supreme Court postponed the hearing on Shiv Sena symbol and party name to Friday, January 23, which happens to be the birth anniversary of the late Shiv Sena founder Balasaheb Thackeray. The case was scheduled to be heard on Wednesday.

During the previous hearing, the Supreme Court had made it clear that the final hearing would be held on January 21 at 11 am. However, after the Solicitor General stated that he needed to appear in another case, the Supreme Court decided to postpone the hearing after considering the views of both parties. The hearing on the Shiv Sena name and symbol will now be held on Friday at 11 am.

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Earlier, Uddhav Thackeray-led Shiv Sena lawyer Asim Sarode was informed that the hearing is unlikely to take place on Wednesday. Sarode was informed that Chief Justice Suryakant will be busy with his regular court only till 1 pm because after 1 pm, he will be busy with the work of a special court along with Justice Joymala Bagchi, which will hear a case related to the Aravalli mountain range.

Speaking to media persons later on Wednesday, Uddhav Thackeray-led Shiv Sena lawyer Asim Sarode said, “The Supreme Court was expected to give a verdict today. Even after three and a half years in this matter, only a date for the hearing has been given. The next hearing has been fixed for January 23, and the verdict is likely to be announced on that day. This process of splitting parties can also be dangerous for the BJP in the future, because anything can happen next. Therefore, it is very important to get clarity on this matter as this verdict is very important.”

“There is a possibility that the Shiv Sena’s bow and arrow election symbol will be returned to the Uddhav Balasaheb Thackeray-led Shiv Sena. Even the possibility of the symbol being frozen has been ruled out,” Uddhav Thackeray-led Shiv Sena lawyer Asim Sarode told media persons.

The case stems from political developments that began in June 2022, when Deputy Chief Minister Eknath Shinde, along with 40 MLAs from the Uddhav-led Shiv Sena, rebelled against the Sena and formed an alliance with the BJP. This led to the collapse of the Maha Vikas Aghadi (MVA) government led by then Maharashtra Chief Minister Uddhav Thackeray. Later, the Shinde-led party claimed that the Sena’s alliance with the Congress and the Sharad Pawar-led NCP was a departure from the core ideology of the Shiv Sena, due to which his group rebelled against the Sena. The rebellion raised serious questions about the party, its election symbol, and its leadership.

In February 2023, the Election Commission recognised Eknath Shinde’s group as the “real Shiv Sena” and gave it the bow and arrow election symbol, which belonged to the Uddhav Thackeray-led Shiv Sena, based on the Shinde-led party’s numerical strength in the Maharashtra state legislature. The Shinde-led Sena went on to contest the 2024 Lok Sabha and Maharashtra state assembly elections under the name Shiv Sena and the bow and arrow election symbol, dealing a major setback to the Uddhav Thackeray-led Shiv Sena.

Eventually, Uddhav Thackeray moved the Supreme Court against this Election Commission decision to grant its bow and arrow election symbol to the Shinde-led Sena. The main argument of the Uddhav-led Sena was that the Election Commission was wrong to take such a decision merely on the basis of the number of MLAs, while the issue of the disqualification of MLAs was still pending.

The Uddhav Thackeray-led Sena argued that it had sole control over the organisational structure of the Shiv Sena, including the post of the party chief. The Uddhav-led Shiv Sena argued that it was unfair for the Election Commission to apply the criterion of only the numerical strength in the legislature.

However, the Supreme Court refused to stay the decision of the Election Commission, after which the Shinde-led Sena retained the name Shiv Sena as well as the bow and arrow election symbol. Uddhav Thackeray’s group was compelled to use the name ‘Shiv Sena (UBT)’ and a new ‘burning torch’ election symbol.

The dispute is not merely about the party’s name or election symbol alone, but also its entire political legacy, including which party inherits the legacy of late Shiv Sena founder Balasaheb Thackeray.