Election Symbols (Reservation and Allotment) Order 1968

On 27th September, 2022, a Constitution Bench of the Supreme Court allowed the Election Commission of India (ECI) to go ahead and decide on Maharashtra incumbent Chief Minister Eknath Shinde's claim that his faction represents the "real" Shiv Sena party.

  • The Bench dismissed the Thackeray camp's plea to stay the Election Commission of India (ECI) proceedings under the Election Symbols (Reservation and Allotment) Order of 1968.
  • The bench observed that the issue is in relation to the ambit of jurisdiction of the Speaker under the 10th Schedule and the ambit of jurisdiction of the Election Commission with respect to the symbol order.

Dispute over the Election Symbol When a Party Splits: Under Paragraph 15, the EC is the only authority to decide issues on a dispute or a merger.