Shiv Sena Faction Challenges Election Commission's Legal Process in Supreme Court Case The Supreme Court on the fifth day of hearings in the Shiv Sena split case heard arguments from the Uddhav faction, represented by senior lawyer Kapil Sibal, who accused the Election Commission of violating legal procedures when transferring the party’s name and election symbol to the Shinde faction. Sibal claimed the Commission overstepped its authority by making a decision without following the prescribed legal framework, thereby infringing on the party’s rights. The case centers on the division of the Shiv Sena party following internal conflicts, with the Uddhav faction alleging that the Election Commission’s decision to assign the party’s symbol and name to the Shinde faction was biased and lacked due process. Sibal argued that the Commission’s ruling was arbitrary and discriminatory, as it failed to adhere to the legal guidelines outlined in the Representation of the People Act. He referenced past cases, including the division of the Janata Dal party, to highlight the Commission’s inconsistent application of rules. During the hearing, Chief Justice Suryakant and justices Joyamaly Bagchi and V. Mohana presided over the proceedings. Sibal emphasized that the Election Commission’s decision to label the Uddhav faction as an unregistered political party without prior notice was unconstitutional. He cited a previous ruling by Justice Rohinton Nariman, which addressed similar issues of judicial overreach, to argue that the Commission’s actions violated the principle of natural justice. The court also addressed the implications of the Representation of the People Act’s Section 29A, which governs the registration of political parties.#election_commission #shiv_sena #kapil_sibal #shinde_faction #uddhav_faction
