Shiv Sena faction defends Election Commission's powers in Supreme Court

Shiv Sena split Election Commission of India Supreme Court of India Article 324 political party dispute

The Eknath Shinde-led faction of the Shiv Sena defended the Election Commission of India’s authority to determine the legitimate leadership of the party during hearings in the Supreme Court. Senior Advocate Neeraj Kishan Kaul, representing the Shinde faction, argued that under Article 324, the Election Commission is empowered to look beyond a party's written constitution to examine its actual organizational structure and functioning.

Kaul contended that the Commission's role is to assess which group truly represents the party's cadre, rather than acting as a civil court to adjudicate the validity of internal elections. He suggested that the Commission may consider whether a party's leadership is genuinely democratic or if key positions are filled through ad hoc or unelected appointments. The proceedings follow the Election Commission's February 2023 decision to recognize the Shinde faction as the original Shiv Sena, granting them the party name and the ‘bow-and-arrow’ symbol.

Entities

Eknath Shinde · Election Commission of India · Neeraj Kishan Kaul · Shiv Sena · Supreme Court of India

Claims

What the coverage asserts, and how many sources carry each claim.

[○ 1 SOURCE] The Supreme Court has not yet issued a view or conclusion regarding the arguments presented in the Shiv Sena split case. lawchakra.in
[● 3 SOURCES] The Election Commission has the authority to examine a political party's constitution and organizational structure to determine which faction represents the real party. lawchakra.in · newsable.asianetnews.com
[● 3 SOURCES] The Election Commission may consider whether a party's organizational structure is genuinely democratic, specifically regarding the use of ad hoc or unelected appointments. lawchakra.in · newsable.asianetnews.com
[● 3 SOURCES] The Election Commission is not acting as a civil court to adjudicate the validity of internal elections or determine who was properly elected. lawchakra.in · newsable.asianetnews.com

Sources

A Party Constitution On Paper Cannot Stop The EC From Examining How The Organisation Actually Works: Neeraj Kishan Kaul In Shiv Sena Case [lawchakra.in]

14 days ago

ECI bans exit, opinion polls [www.dtnext.in]

13 days ago

Supreme Court Questions ECI Over Shiv Sena Bow-and-Arrow Symbol [www.nagpurtoday.in]

13 days ago

Shinde Sena defends EC's power to decide 'real' Shiv Sena in SC [newsable.asianetnews.com]

14 days ago

SC Questions Legislative-Majority Test in Shiv Sena Dispute [www.deccanchronicle.com]

13 days ago

ECI bans exit polls for Madurantakam, Dharapuram Assembly bypolls [www.news18.com]

14 days ago