New Delhi, May 7, 2025 – The Supreme Court today advised the Uddhav Thackeray-led Shiv Sena (UBT) faction to focus on the upcoming local body elections in Maharashtra rather than seeking an urgent hearing on their plea challenging the Maharashtra Assembly Speaker’s decision to allot the party’s bow and arrow symbol to the Eknath Shinde-led faction.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh was hearing a submission by Senior Advocate Kapil Sibal, representing the Thackeray faction. Sibal argued that the symbol allocation was inconsistent with the Supreme Court’s Constitution Bench judgment and that the symbol held significant weight in rural Maharashtra, especially in local body elections.
“The symbol which has been with Shiv Sena will be used by the Shinde faction in local body elections, and it will matter especially in rural areas,” Sibal told the Court.
However, Justice Kant responded, questioning whether local body elections are typically contested using political party symbols, particularly in the rural context. When Sibal asserted that such practices are common in Maharashtra, the Court noted that elections had not been held in the state for over five years, and advised the Thackeray faction to prioritize campaigning and participation in the polls.
“Let the elections be held. You concentrate on polls. We will see what can be done,” the bench remarked, suggesting that any hearing would only be possible post the Court’s summer break unless a vacation bench is moved and an urgent case is made.
The Court’s comments came a day after it ordered the Maharashtra State Election Commission to notify local body polls within four weeks, resolving long-standing delays caused by litigation over reservation policies.
Sibal contended that the status quo order passed by the Supreme Court in 2022 had contributed to the electoral delay. Justice Kant acknowledged the point but added that it ultimately reflected systemic challenges.
The bench also hinted that, if necessary, conditions could be imposed on symbol usage—drawing parallels with the resolution in the Nationalist Congress Party (NCP) symbol dispute during the 2024 Maharashtra Assembly and Lok Sabha elections.
Background of the Dispute
The Shiv Sena split in 2022 led to rival claims over the party name and its iconic bow and arrow symbol. In January 2024, Assembly Speaker Rahul Narwekar rejected the Thackeray faction’s plea to disqualify 16 MLAs aligned with Shinde, including the Chief Minister himself. The Speaker’s ruling concluded that the legislative majority reflected the will of the “real” Shiv Sena, thereby cementing Shinde’s leadership position.
The Thackeray faction’s appeal before the Supreme Court challenges this decision as “unlawful and perverse,” claiming it rewarded defection and subverted anti-defection principles.
