Sibal calls Shiv Sena defections ‘constitutional hara-kiri’ during SC hearing
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The Supreme Court on Thursday commenced hearing a batch of petitions arising from the split in the Shiv Sena, with senior advocate Kapil Sibal, representing the Uddhav Balasaheb Thackeray (UBT) faction, arguing that the defection of MLAs led by Maharashtra Deputy Chief Minister Eknath Shinde violated the spirit of the anti-defection law and weakened parliamentary democracy.
A bench headed by Chief Justice of India Surya Kant heard the matter and scheduled the next hearing for August 4.
The UBT faction has challenged the Election Commission of India's (ECI) 2023 decision recognising the Shinde-led group as the real Shiv Sena and allotting it the party's "bow and arrow" symbol. The petitions also contest the Maharashtra Assembly Speaker's decision not to disqualify Shinde and the rebel MLAs, India Today reported.
During his submissions, Sibal traced the party's organisational developments after the death of Shiv Sena founder Bal Thackeray in 2012. He said Uddhav Thackeray assumed leadership of the party and led it in subsequent elections, while Shinde served as a Shiv Sena minister in the Maha Vikas Aghadi government formed after the 2019 Assembly polls.
Sibal argued that concerns first emerged during the Maharashtra Legislative Council elections, when some Shiv Sena legislators allegedly cross-voted. He said the rebellion gathered momentum after 31 MLAs left Maharashtra for Guwahati, eventually resulting in the party's split.
According to Sibal, the rebel legislators later passed a resolution replacing then-party whip Sunil Prabhu with Bharat Gogawale. He contended that the resolution was adopted only by the MLAs and not by the Shiv Sena as a political party. He further argued that the resolution was forwarded to the Assembly Speaker and then to the Governor, ultimately leading to the direction for a floor test, even though Uddhav Thackeray continued to head the party.
Sibal raised what he described as a key constitutional issue, questioning whether members of a legislative party could claim to represent the political party itself and whether such a position was consistent with the Constitution and the anti-defection framework.
He also challenged the Election Commission's decision to recognise the Shinde faction as the official Shiv Sena, arguing that the Commission had relied predominantly on the party's legislative majority while overlooking disputes relating to its organisational structure. According to Sibal, this approach resulted in the Uddhav faction losing both the Shiv Sena name and its election symbol.
The matter will be taken up for further hearing by the Supreme Court on August 4.