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Uddhav vs Shinde: SC allows EC to decide which faction is real Shiv Sena

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3 years ago

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In a big setback to Uddhav Thackeray’s faction, the Supreme Court on Tuesday declined to stop the Election Commission from deciding the claim of Eknath Shinde group to be the real Shiv Sena.

After a day-long hearing, a constitution bench headed by Justice D.Y. Chandrachud dismissed the interlocutory application filed on behalf of Thackeray’s faction. The apex court’s decision is very significant in view of the impending Brihanmumbai Municipal Corporation elections, where both Shinde and Thackeray factions would like to contest the poll.

The bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — said there would not be any stay on the proceedings before the Election Commission on intra party dispute and ‘bow and arrow’ symbol of the party. “We direct that there would be no stay of the proceedings before the Election Commission of India,” it said.

Senior advocates Kapil Sibal, A.M. Singhvi and Devadatt Kamat represented the Thackeray’s faction. Sibal submitted that Shinde cannot approach the EC once he has incurred disqualification, saying “I challenged the very locus of the person who moved the EC”.

Sibal clarified that Shinde has incurred disqualification as his various acts amounted to “voluntarily giving up membership of the party” under the Tenth Schedule, and he also violated the party whip, which is also covered by the Tenth Schedule.

The Thackeray camp vociferously argued that since disqualification of Shinde and the MLAs supporting him was pending, therefore EC cannot consider their application over the party and the symbol. However, the top court declined to entertain this contention.

Senior advocates Maninder Singh, Neeraj Kishan Kaul, and Mahesh Jethmalani, assisted by advocate Abhikalp Pratap Singh, argued for the Shinde faction.

Senior advocate Arvind Datar represented the Election Commission.

Shinde’s faction counsel argued that under Article 324 of the Constitution, the EC possesses plenty of powers to deal with any situation which arises in relation to political parties and several party members have sent their representations to the EC supporting the Shinde group.

Kaul submitted that the nature of enquiry under Tenth Schedule and the Symbols Order are different.

Shinde’s faction counsel claimed a hopeless minority sought to remove him from the party, and contended that the Speaker, under the Tenth Schedule, has to exercise power to determine disqualification of a member and he cannot decide on the split or merger within a political party. Shinde faction counsel vehemently argued that a party member’s right to move the EC cannot be taken away.

The EC counsel argued that it worked independently, and its functions are different when compared with the Speaker. The counsel added that it can decide who held the majority in the party.

Shinde and his faction had rebelled against Thackeray, which forced him to resign as Maharashtra Chief Minister.

Shiv Sena’s General Secretary Subhash Desai had moved the apex court saying that Shinde and other MLAs, have purportedly initiated proceedings under para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) seeking to be recognised as the “real Shiv Sena” by the EC. Desai added that they are also claiming the right to use the election symbol of “bow and arrow” allotted to Shiv Sena.

Thackeray faction claimed that since the disqualification matter is pending in the apex court, Shinde faction are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation.

The apex court, on July 11, asked the newly appointed Maharashtra Assembly Speaker not to go ahead with proceedings on the disqualification petitions.

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Maharashtra

Mumbai Municipal Corporation Elections 2025-26: Final voter lists with voter photographs available for sale at the Central Election Office

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2 hours ago

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January 6, 2026

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Mumbai: State Election Commission, Maharashtra has announced a revised schedule for publication of polling station wise voter lists in connection with the Municipal Corporation General Elections 2025-26. The order states that the complete municipality wise voter list shall be published as soon as it is completed. Accordingly, Mumbai Municipal Corporation has received polling station wise voter lists of 226 out of 227 wards from the State Election Commission today, January 6, 2026. The said lists along with polling station wise voter photographs are available for sale at the concerned Central Election Offices from Wednesday, January 7, 2026. The Municipal Administration appeals to the citizens/political parties to purchase these voter lists from the concerned Central Election Offices.

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Maharashtra

Mumbai municipal elections: A series of rebellions among political parties

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4 hours ago

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January 6, 2026

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Mumbai: Ahead of the Mumbai municipal elections, the migration of disgruntled party leaders to other parties has begun. Maharashtra Navnirman Sena has suffered a major setback before the municipal elections. Several MNS leaders have joined Shiv Sena Shinde Sena. Along with this, Santosh Dhuri, a close associate of Raj Thackeray, joined the BJP. Even after this, the party change is not stopping and many senior MNS leaders have joined Shiv Sena Eknath Shinde and raised the flag of rebellion against the party. Before the BMC elections in Mumbai, Raj and Uddhav Thackeray had formed an electoral alliance, but the rebel leaders of these parties are still separating from the party, due to which there is a long series of rebellions in both the parties. Many leaders, unhappy with not getting tickets, are leaving their party and joining other parties. Maharashtra Navnirman Sena General Secretary Raja Bhau Chogle, MNS spokesperson Hemant Kamble, MNS Chhatrapati Sena General Secretary Rahul Topalonde, Maharashtra Navnirman Vidyarthi Sena Sandesh Shetty, Munawar Sheikh, Ashish Mark, Prathamesh Banerjee, Santosh Yadav joined Shiv Sena in the presence of Deputy Chief Minister Eknath Shinde. On this occasion, Shinde welcomed all of them into the party and wished them well for their future. On this occasion, Shiv Sena General Secretary Rahul Shivale, Shiv Sena Secretary Sushant Shelar, Shiv Sena spokesperson Sheetal Mahatre and all local office bearers and workers of Shiv Sena were present.

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Maharashtra

“I Picked Him Up from the Footpath and Made Him an MLA, But He Did Nothing for the Party”: Abu Asim Azmi’s Sharp Attack on Rais Shaikh

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6 hours ago

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January 6, 2026

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Mumbai: (Kamar Ansari)The internal rift within the Samajwadi Party in Maharashtra has now come out in the open. Maharashtra Samajwadi Party President Abu Asim Azmi, in an interview to a private YouTube channel, launched a scathing attack on party MLA from Bhiwandi, Rais Shaikh. Azmi claimed that he had “picked Rais Shaikh up from the footpath and made him an MLA on a Samajwadi Party seat,” but alleged that Shaikh has never worked for the welfare or strengthening of the party.

Abu Asim Azmi accused Rais Shaikh of continuously working against the Samajwadi Party and said that he should resign from the party on moral grounds. According to Azmi, Rais Shaikh personally conducted interviews of candidates for the Bhiwandi Municipal Corporation and Mumbai Municipal Corporation elections and played a key role in ticket distribution. He further alleged that Congress candidates were deliberately fielded against Samajwadi Party candidates in order to defeat them.

Azmi stated that when the party refused to give a ticket to Rais Shaikh’s brother, Shaikh, out of resentment, encouraged his supporters to contest elections on Congress tickets against Samajwadi Party candidates. He also accused Rais Shaikh of promoting dynastic politics, which the party strongly opposed, leading to the denial of tickets.

On the other hand, Rais Shaikh has so far failed to clearly explain where his political loyalties lie. While Congress candidates are reportedly contesting elections with his support, he has not formally resigned from the Samajwadi Party. Abu Asim Azmi said that Rais Shaikh’s “double-faced politics” would soon be exposed before the public. He also hinted at strict action against Shaikh after the municipal corporation elections.

Responding to the allegations, Rais Shaikh claimed that several political parties are using his photographs without his consent to mislead voters and gain electoral advantage. He maintained that he was not involved in any decision related to ticket distribution within the Samajwadi Party and that he had been sidelined by the party much earlier. According to Shaikh, the candidates contesting on Congress tickets have been given tickets by the Congress party itself, and he has no connection with those decisions.

Amid this political tug-of-war, Muslim voters associated with the Samajwadi Party find themselves in a state of confusion. They are unsure whether to support Congress candidates allegedly backed by Rais Shaikh or to vote for official Samajwadi Party candidates, as it remains unclear who is aligned with whom in this election.

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