On July 2, the Supreme Court agreed to list on July 14 the plea of Shiv Sena (Uddhav Balasaheb Thackeray) seeking urgent relief in the ongoing election symbol dispute against the decision of the Election Commission of India. The party challenged the recognition of the Eknath Shinde faction as the official Shiv Sena and allotment of the 'bow and arrow' symbol to them.
Senior advocate Devadatt Kamat, appearing for the UBT faction, mentioned the matter before a partial working day bench of Justices MM Sundresh and K Vinod Chandran. He sought an urgent hearing citing the upcoming Maharashtra local body elections.
Advocate Kamat stressed the urgency of the matter before the Court, saying, "It is about people's right to choose."
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However, the Bench was initially not inclined to list the matter during the partial working days of the Court. It was noted that a similar mention was earlier declined by a Bench headed by Justice Surya Kant on May 7. The opposing counsel, appearing for the Eknath Shinde faction, reminded the Bench about this earlier refusal.
However, Kamat clarified that Justice Kant's Bench had only refused urgent hearing but allowed the mentioning of the matter during the vacation period of the Court. He stressed the urgency citing the upcoming elections, which were notified after the Supreme Court's May 6 order.
Importantly, Kamat highlighted that the interim reliefs being sought are similar to those granted in the case involving the Nationalist Congress Party (NCP). In that case, the court had directed Ajit Pawar's group to publicly clarify that the use of the official party symbol was still under judicial scrutiny.
"We are only seeking an interim arrangement like in the NCP case," Kamat told the bench.
Despite initial reluctance, Justice Sundresh questioned its urgency, but eventually agreed to schedule a hearing. After persistent persuasion by Kamat, the bench listed the matter for July 14, the day the court will resume full-fledged operations after the vacation.
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"We will list it on the day it reopens," the bench confirmed.
This upcoming hearing is important, as it could impact the electoral dynamics ahead of local body elections in Maharashtra.
Ultimately, after much persuasion by Kamat, the bench agreed to list the matter on July 14, the day when the Court reopens for regular sitting.
Case Details: Sunil Prabhu v. Eknath Shinde & Ors. | Special Leave Petition (Civil) No. 1644-1662 of 2024