Opposing the plea, counsel for the Eknath Shinde group argued that two elections had already been held since the Election Commission’s decision and that a similar request had previously been mentioned before Justice Surya Kant’s bench, which was rejected.The bench observed that even if the election was notified, the challenge was ultimately against a High Court order.To this, Kamat interjected, “This is a symbol dispute. The matter has been pending here for two years. It is ultimately a question of people’s choice.”The top court, however, remained unconvinced of the urgency, remarking, “If it is pending, then no problem. No rights will go. What is the urgency?”Eventually, the court listed the matter for hearing on 14 July.It is pertinent to note that the Election Commission of India (ECI), in its order dated 17 February 2023, had ruled that the faction led by Maharashtra’s Chief Minister Eknath Shinde was the legitimate Shiv Sena. Accordingly, it awarded the original party name and the ‘bow and arrow’ symbol to Shinde’s group, as per the Symbols Order issued by the ECI under its powers derived from Article 324 of the Constitution and Section 29A of the Representation of the People Act, 1951.Challenging this ECI order, the Uddhav Thackeray-led faction moved the Supreme Court seeking to have it quashed.
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