Kapil Sibal’s Powerful Day 3 Arguments | SHIV SENA NAME AND SYMBOL ROW

Описание: Case- SLP(C) No. 1644-1662/2024
SUNIL PRABHU Versus EKNATH SHINDE AND ORS & Connected Matter,
SLP(C) No. 3997/2023
UDDHAV THACKERAY Versus EKNATHRAO SAMBHAJI SHINDE AND ANR

Senior Advocate Kapil Sibal continued his powerful arguments before the Supreme Court on Day 3 of the Shiv Sena name and symbol dispute, challenging the Election Commission of India’s decision recognising the Eknath Shinde-led faction as the “real Shiv Sena” and allotting it the party name and bow-and-arrow symbol.

Sibal argued that the Election Commission’s finding of a “split” in Shiv Sena was legally flawed, stressing that a separate meeting of the legislature party cannot by itself establish a split in the original political party. He also challenged the ECI’s approach to the party constitution under Paragraph 15 of the Election Symbols Order, arguing that the question of whether a party constitution is democratic is alien to the dispute before the Commission.

He further raised important constitutional questions under Article 19(1)(c), concerning the fundamental right to form associations, and questioned the Election Commission’s authority to adjudicate upon the internal democratic character of a political party.

The Bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana heard the matter, with Justice Bagchi engaging Sibal on the scope of public order, morality and constitutional morality.

⚖️ Watch the complete courtroom exchange and Kapil Sibal’s arguments in the Shiv Sena name & symbol dispute.

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