Supreme Court Questions Election Commission’s Legislative-Majority Test in Shiv Sena Symbol Dispute

The Supreme Court questioned why the Election Commission had awarded the Shiv Sena’s reserved symbol to one faction without expressly examining the option of withholding it from both.

Background

The Bench was hearing the challenge to recognition of the Eknath Shinde faction as the real Shiv Sena. The Commission had relied on legislative strength after finding other tests difficult to apply.

Legal issue

The hearing concerned judicial review of the decision-making process under Paragraph 15 of the Election Symbols Order, not an immediate reassignment of the symbol.

Court’s approach

Justice Joymalya Bagchi asked whether failure to consider a relevant alternative could justify intervention. Counsel for the Shinde faction defended the Commission’s discretion.

What follows

The Court did not finally decide the party-symbol dispute. Further submissions were to continue.