Uddhav, Shinde factions fight it out in SC

Sibal cites anti-defection law; Salve says it was a case of ‘intra-party rebellion’

Shiv Sena (Uddhav faction) General Secretary Subhash Desai with party MP Anil Desai (2nd R) and others comes out of the Supreme Court after a hearing on Maharashtra CM Eknath Shinde’s plea staking claim on the party symbol, in New Delhi, on Aug 3, 2022. | Photo Credit: PTI

The Uddhav Thackeray faction of the Shiv Sena said Maharashtra Chief Minister Eknath Shinde and his loyalists have to either merge with another political party or face disqualification under the anti-defection law.

Appearing before a Bench led by Chief Justice of India N.V. Ramana, senior advocate Kapil Sibal, for Mr. Thackeray’s loyalists, said as of now Mr. Shinde has only “split” from the original party. A ‘split’ is not an exemption from disqualification under the Tenth Schedule (anti-defection law) of the Constitution. “You either have to merge or form a new political party,” Mr. Sibal submitted.

Senior advocate Harish Salve, for Mr. Shinde, said the anti-defection law was not a weapon for a leader who lost the confidence of his own party. “The basic premise of anti-defection law is you should leave your political party. Nobody has. Mr. Sibal has elaborately demolished a defence which nobody has set up,” Mr. Salve submitted.

Mr. Salve said this was a case of “intra-party rebellion”. “Nobody has given voluntary membership of the party,” the senior lawyer argued.

The court has adjourned the case to Thursday.