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

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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.

Maharashtra

Abu Asim Azmi praised for introducing a bill against hate speeches and hate crimes, Muslim organizations called Abu Asim Azmi’s step commendable.

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Mumbai: Leading Mumbai NGOs like OZ Seva Trust, Minara Masjid Trust, All India Ulema Board, Malik Liaquat Hussain Trust, National Uni-Ayush Activist Trust, Mumbai Central Association etc. today felicitated SP State President Abu Asim Azmi at Islam Gymkhana and appreciated his efforts to maintain unity and brotherhood in the society by respecting all religions in the Maharashtra Assembly. Azmi had introduced a bill in the Nagpur Assembly to enforce strict laws against religious hatred, blasphemy, prophets, religious leaders, and religious places, and hate speeches and hate crimes.

The event was organised at Islam Gymkhana, Mumbai. Addressing the event, Abu Asim Azmi said that nowadays hatred is being spread among the brothers by making objectionable or insulting inflammatory speeches against any religion, religious leader, religious book, religious place, Prophet Muhammad (PBUH). This poses a threat to peace and order. Therefore, we have presented this bill in the Legislative Assembly against those who insult any religion, religious leader, religious book, religious place, or Prophet. This bill proposes a penalty of imprisonment for up to 10 years and a fine of up to Rs 2 lakh for those who make slanderous statements about any religion, religious leader, religious book, or religious place or spread it on social media. Such a punishment will curb hate speech and hate crimes. MLA Raees Shaikh, State Working President Yousuf Abrani, Chief General Secretary Meeraj Siddiqui and Advocate Rizwan Merchant, Maulana Ijaz Kashmiri, Nizamuddin Rain, Naseem Siddiqui, Sarfaraz Arjo were present at the event.

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Maharashtra

A split in Maha Vikas Aghadi before BMC elections, Congress’s slogan is ‘akela Chalo’

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The trumpet of the municipal elections has sounded in the state. Voting for 29 municipal corporations will be held on January 15, while the counting of votes will be held on January 16 and the results will be announced. In this election, everyone’s attention will be focused on the Mumbai Municipal Corporation elections. The Shiv Sena Thackeray group will try to retain power in the Municipal Corporation. While Eknath Shinde’s Shiv Sena and BJP will try to rule the BMC in Mumbai. Negotiations on seat sharing are ongoing in Mahayoti, but the electoral understanding has not been completed yet. However, a major rift has arisen in the Maha Vikas Aghadi before the Mumbai Municipal Corporation elections. The Congress has announced to fight the Mumbai Municipal Corporation elections on its own. Due to which the competition in this election has intensified further.

Congress will fight the elections alone
Congress has announced to fight the Mumbai Municipal Corporation elections on its own. Congress’ Maharashtra in-charge Ramesh Chinnathala is currently on a visit to Maharashtra. After a meeting held in Mumbai today, Ramesh Chinnathala has said that he will fight the upcoming elections on his own. He said that there is a lot of corruption in Mumbai. That is why the Congress has decided to fight the elections alone. We have decided to fight against the BJP and the Shiv Sena Thackeray group. True patriots and secular people should support us in this fight. After coming to power, we will resolve the issues of the Mumbai Municipal Corporation in a good way. Therefore, I appeal to the voters to support us and we will develop Mumbai.

Mumbai Municipal Corporation Elections
The State Election Commission had announced the Mumbai Municipal Corporation elections in a press conference on December 15. According to this announcement, candidates will be able to file their applications from December 23 to December 30, 2025. The Election Commission will scrutinize the applications on December 31. Candidates can withdraw their applications till January 2, 2026. Voting for the Mumbai Municipal Corporation elections will be held on January 5. The voting will be held on January 16, 2026 and the results will be declared on the same day.

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Maharashtra

After Babri, it’s Kashi Mathura’s turn. Baba Bageshwar Dham’s provocation in Mumbai.

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Mumbai: After the Babri Masjid, now it is Kashi Mathura’s turn, the slogan and provocation has been given by Dhirendra Shastri Bageshwar Dham Baba here in Mumbai. While answering the question of journalists in Andheri, Bageshwar Dham said that the temple is ours and we cannot give it up. When Baba was asked that the dispute had ended after the Babri Masjid, then why is the process of finding temples in mosques going on, to which he said that there are temples in many places and the dispute here is old. On Hindu Rashtra, Bageshwar Dham made it clear that there is also room for Muslims in Hindu Rashtra, his aim is to strengthen Sanatan, while a pilgrimage for Hindu Rashtra will start in Maharashtra to promote Hindutva. He said that it is wrong to declare India a secular country because India has never been secular. He said that there is a need for brotherhood and unity in this country and for that he goes on pilgrimage. Baba, while spewing venom, said that if efforts are not made for Hindu Rashtra and Hindus are not united, then the time is not far when the invasion of India will take place. He said that highly educated doctors in the country are becoming terrorists. If there is a Hindu Rashtra, then a Muslim youth will become Abdul Kalam. Will the mayor of Mumbai be a Muslim or a Hindu? On this, Bageshwar Dham said that he is away from politics, so a candidate should be selected who is useful for the people.

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