Bulk defections destroying polity: Uddhav Thackeray faction in SC

The Uddhav Thackeray faction of Shiv Sena on Tuesday said in the Supreme Court that "bulk defections are destroying the polity of the country".

The argument was made by senior advocate Kapil Sibal during the resumed hearing of pleas pertaining to a split in Shiv Sena. Sibal, who is representing the Thackeray faction, argued that "if such an act is upheld by judicial process...such future defections will have a far-reaching impact on the polity of the country".

The Thackeray faction added that unless there was a split outside the House, the split cannot be recognised inside the legislative House.

Raising eyebrows on the role played by the Maharashtra governor, the Thackeray faction asked: "Can the governor swear in a member of a legislative party against whom disqualification proceedings are pending?"

Sibal argued that in the recent past governors have acted far beyond their constitutional responsibilities and were actively involved in the country's politics. He added that Thackeray resigned because he knew "the writing on the wall".

Sibal said: "Nothing in the 10th Schedule should be interpreted to legalise or give credence to defection as the objective of the Act is to not have any unprincipled defection."

The hearing of the case, being heard by a Constitution bench headed by Chief Justice of India DY Chandrachud, will resume on Wednesday.

In a related development, the Supreme Court agreed to hear a plea filed by the Thackeray faction, challenging the Election Commission's February 17 order that recognised the Eknath Shinde faction as the real Shiv Sena, permitting it to use the party's bow and arrow symbol.

The commission's February 17 order came on a plea by the Shinde faction seeking a decision on the real Shiv Sena. EC held that the party name 'Shiv Sena' and the party's bow and arrow symbol will be retained by the Shinde faction.

On Sunday, the Shinde faction had filed a caveat in the Supreme Court that before passing any order, it should first hear from the Maharashtra government.

The commission had held that the name of 'Balasahebanchi Shiv Sena' and symbol of 'two swords and shield', which was allotted to the petitioner by way of an interim order on October 11, 2022, would be frozen with immediate effect and won't be used.

The commission allowed the Thackeray faction to keep the 'flaming torch' poll symbol allocated to it till the completion of the assembly bypolls in the state.

The commission said that MLAs backing Eknath Shinde got nearly 76% of votes polled in favour of the 55 winning Shiv Sena candidates in the 2019 Maharashtra assembly polls. The Uddhav Thackeray faction MLAs got 23.5% of votes.