New Delhi: The Supreme Court on Wednesday questioned the Election Commission of India (ECI) over its decision to allot the Shiv Sena name and ‘bow and arrow’ symbol to the faction led by Maharashtra Chief Minister Eknath Shinde.
During the hearing of petitions challenging the ECI’s decision, the three-judge bench headed by Chief Justice of India Surya Kant asked why a neutral symbol was not considered for the rival factions if the Commission found it difficult to conclusively apply the available tests to determine which faction represented the original Shiv Sena.
The bench, comprising CJI Surya Kant and Justices Joymalya Bagchi and V. Mohana, was hearing petitions filed by the Uddhav Thackeray faction challenging the ECI’s February 2023 decision.
Gold Rate
Sept 16,2026 - Time 10.30Hrs
The Court questioned whether both factions could instead have been allowed to contest elections using separate symbols and demonstrate their political strength independently.
In a pointed observation during the hearing, the Court said:
“Both fight on your own strength, not on Balasaheb’s.”
Shinde faction defends ECI decision
Senior Advocate Neeraj Kishan Kaul, appearing for the Shinde faction, defended the ECI’s approach.
He argued that the Commission had examined several factors, including the party Constitution, its aims and objectives and the organisational structure, before ultimately relying on the strength of elected representatives.
According to the Shinde faction, the organisational test presented practical difficulties because the party structure involved nominated members, while determining support among grassroots members on such a large scale would also be difficult.
Kaul argued that the legislative majority therefore provided a measurable basis for deciding the dispute.
How the Shiv Sena symbol dispute began
The dispute followed the 2022 split in Shiv Sena, when Eknath Shinde and a group of MLAs rebelled against the Uddhav Thackeray-led government.
Both factions subsequently claimed the Shiv Sena name and its traditional bow-and-arrow symbol.
In February 2023, the ECI recognised the Shinde faction as the Shiv Sena and allotted it the bow-and-arrow symbol. The Uddhav Thackeray faction was allotted the name Shiv Sena (Uddhav Balasaheb Thackeray) and the flaming torch symbol.
The Supreme Court is now examining whether the ECI correctly applied the relevant tests and whether alternative options, including a neutral symbol, should have been considered.
The Court has not set aside the ECI decision at this stage. The hearing is scheduled to continue on September 17.
