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Sibal questions locus of Election Commission on deciding split in a political party under 10th Schedule

Senior Advocate Kapil Sibal on Wednesday started arguments in the Supreme Court on the petitions regarding the rift within Shiv Sena and the related political developments, which took place in Maharashtra in the months of June and July.

The matter was being heard by a five-Judge Constitution Bench headed by Justice D.Y. Chandrachud.

Representing the Uddhav Thackeray faction, Sibal said the question that arose in this matter was, what was the power of the Election Commission, when there was a difference of facts between the two factions of a party?

Sibal further asked, “How can the Commission decide on the split in a political party, in view of the 10th Schedule of the Constitution?”

Appearing on behalf of the Eknath Shinde faction, Advocate Neeraj Kishan Kaul said that the elections for Brihan Mumbai Corporation (BMC) were nearing and the issue of symbols was before the Election Commission.

The lawyer urged the Apex Court to lift the ban put on the proceedings of the Commission regarding the party symbol.

He further requested the top court of the country to set aside its previous order. In this case, the other party has also filed an application.

Justice Chandrachud said, “We will first take up the matter related to the party symbol before the Commission.

“The first question that arises here is, whether the EC should continue its proceedings in this matter or not?,” added Justice Chandrachud.

A constitution bench headed by Justice Chandrachud will hear the election symbol issue of Shiv Sena on September 27.

The Constitution Bench has to decide on whether the Election Commission can decide on the symbol of a party till the Supreme Court decides on the disqualification of MLAs.

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