Editor's Pick: Supreme Court allows EC to decide claim on ‘real’ Shiv Sena

In a blow to Uddhav Thackeray, a Constitution Bench of the Supreme Court on Tuesday allowed the Election Commission of India to decide on Maharashtra Chief Minister Eknath Shinde’s claim that his faction represents the “real” Shiv Sena party. The Bench led by Justice D.Y. Chandrachud dismissed the Thackeray camp’s plea to stay the EC proceedings under the Election Symbols (Reservation and Allotment) Order of 1968. Mr. Thackeray’s side argued in the court that the disqualification petitions against the Shinde faction were pending before the Speaker under the Tenth Schedule (anti-defection law) of the Constitution. It said the EC proceedings should be stayed till the Bench decides questions of law referred to it, which includes whether the dissent of Mr. Shinde’s faction, without later forming a new party or merging with another, was a “split” from the original Sena. But Justice Chandrachud said it was a “bit of a problem” to accept the argument that proceedings before a constitutional authority like the ECI should be “stultified” merely for the fact that questions about the disqualification proceedings were referred to a Constitution Bench. Later Chief Election Commissioner Rajiv Kumar said the EC will follow the laid-down process while deciding on the matter. The hearing was one of the three Constitution Bench proceedings that were simultaneously beamed live through YouTube on Tuesday. More than eight lakh viewers watched the proceedings, the court’s Public Relations Office said in a statement. The Supreme Court is likely to use a dedicated platform for live-streaming the hearings in the long term. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. Click here The Hindu’s Editorials Tread carefully: On the power to remove online content Silver lining: On India’s fluctuating Twenty20 fortunes The Hindu’s Daily Quiz What is the full form of GPS? Geographical Placing System Geographical Positioning System Global Positioning System Global Placing System To know the answer and to take the quiz, click here [logo] Editor's Pick 28 SEPTEMBER 2022 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Supreme Court allows EC to decide claim on ‘real’ Shiv Sena In a blow to Uddhav Thackeray, a Constitution Bench of [the Supreme Court on Tuesday allowed the Election Commission of India to decide]( on Maharashtra Chief Minister Eknath Shinde’s [claim that his faction represents the “real” Shiv Sena party](. The Bench led by Justice D.Y. Chandrachud dismissed the Thackeray camp’s plea to stay the EC proceedings under the Election Symbols (Reservation and Allotment) Order of 1968. Mr. Thackeray’s side argued in the court that the disqualification petitions against the Shinde faction were pending before the Speaker under the Tenth Schedule (anti-defection law) of the Constitution. It said the [EC proceedings should be stayed]( till the Bench decides questions of law referred to it, which includes whether the dissent of Mr. Shinde’s faction, without later forming a new party or merging with another, [was a “split” from the original Sena](. But Justice Chandrachud said it was a “bit of a problem” to accept the argument that proceedings before a constitutional authority like the ECI should be “stultified” merely for the fact that questions about the disqualification proceedings were referred to a Constitution Bench. Later Chief Election Commissioner Rajiv Kumar said the EC [will follow the laid-down process while deciding on the matter](. The hearing was one of the three Constitution Bench proceedings that were [simultaneously beamed live through YouTube on Tuesday](. More than eight lakh viewers watched the proceedings, the court’s Public Relations Office said in a statement. The Supreme Court is likely to use a dedicated platform for live-streaming the hearings in the long term. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. [Click here]( The Hindu’s Editorials [Arrow][Tread carefully: On the power to remove online content]( [Arrow][Silver lining: On India’s fluctuating Twenty20 fortunes]( The Hindu’s Daily Quiz What is the full form of GPS? - Geographical Placing System - Geographical Positioning System - Global Positioning System - Global Placing System To know the answer and to take the quiz, [click here]( Today’s Best Reads [[Saudi King names Crown Prince Mohammed bin Salman as Prime Minister] Saudi King names Crown Prince Mohammed bin Salman as Prime Minister]( [[Rupee falls 40 paise to all-time low of 81.93 against U.S. dollar] Rupee falls 40 paise to all-time low of 81.93 against U.S. dollar]( [[PFI, eight front organisations, including Campus Front of India, banned for five years] PFI, eight front organisations, including Campus Front of India, banned for five years]( [[Approach to democracy, human rights, governance is country-specific, says Jaishankar] Approach to democracy, human rights, governance is country-specific, says Jaishankar]( Copyright @ 2022, THG PUBLISHING PVT LTD. 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