Shinde faction argues legislative majority test valid in Shiv Sena dispute

The Eknath Shinde faction pressed its case before the Supreme Court on Monday, arguing that the strength of legislators continues to be a legitimate factor in adjudicating rival claims over the Shiv Sena's identity and control. Counsel for the faction referenced a 2023 Constitution Bench judgment in the Subhash Desai case, asserting that the court had not ruled out the validity of applying the legislative majority test to determine which group represents the 'real' Shiv Sena.

The submission comes as the apex court considers the ongoing intra-party dispute that has fractured Maharashtra's prominent regional party. The Shinde faction has maintained that its substantial legislative strength should be recognized as evidence of its legitimate claim to the party's mantle and organizational control.

The Constitution Bench judgment cited by the faction is being invoked to bolster arguments that numerical strength in the legislature remains a recognized principle in determining party succession and identity in Indian constitutional practice. The faction contends that this precedent supports its position in the current legal proceedings.

The dispute between rival Shiv Sena factions has had significant ramifications for Maharashtra's political landscape since the party's vertical split in 2022. The Supreme Court's deliberations on this matter are expected to have substantial implications for how similar intra-party conflicts are adjudicated under Indian law.