On Wednesday, the apex court probed the Election Commission's decision to grant the Shiv Sena symbol and name to Eknath Shinde's group, asking whether a legislative majority can be a safe test when those legislators might be disqualified.
The split traces back to 2022, when Uddhav Thackeray and Shinde walked away from the party, each claiming the original identity; the ECI, after reviewing internal documents, recognized Shinde's faction as the rightful bearer.
Justice Surya Kant's bench raised the issue that leaning on parliamentary strength becomes precarious if the very members who hold that strength face court‑ordered disqualifications, thereby undermining the test's validity.
Senior advocate Neeraj Kishan Kaul, representing Shinde, countered that the Commission could still apply the majority test, citing the Subhash Desai precedent that allows the body to devise a suitable test; Justice Joymalya Bagchi, however, suggested that both factions could be directed to adopt distinct symbols instead of granting one the historic emblem.
The hearing will resume Thursday, with the court expected to rule on whether the ECI should have withheld the reserved symbol from both groups or allowed a split emblem arrangement, a decision that will shape the forthcoming Maharashtra elections.