SC junks transfer of Shiv Sena's assets to Shinde faction
What's the story
The Supreme Court on Friday rejected a petition seeking a direction to the Maharashtra government to transfer the assets of the Shiv Sena (Uddhav Balasaheb Thackeray) to the faction led by Chief Minister Eknath Shinde. The bench, comprising Chief Justice (CJI) DY Chandrachud and Justice PS Narsimha, questioned the locus of the petitioner, Ashish Giri, a Mumbai-based lawyer, and then dismissed his plea.
Context
Why does this story matter?
The decades-old Shiv Sena was bifurcated last year after Shinde broke away from the erstwhile Shiv Sena and joined hands with the Bharatiya Janata Party (BJP). Shinde claimed the party had strayed away from the political path laid down by Bal Thackeray and that he was the "real" successor to Thackeray's legacy. Since then, a legal battle has ensued over discerning the "real" faction.
Hearing
Move all funds, assets collected by party workers: Petitioner
Giri said that the plea was filed in the apex court as it heard several petitions related to the conflict between the Thackeray and Shinde camps. He said all the movable and immovable property of the party should be transferred to the Shinde faction since the Election Commission of India (ECI) has recognized it as the "official Shiv Sena."
Reaction
How is this Article 32 petition maintainable, ask SC
After hearing Giri's submission, the bench questioned the plea's maintainability, saying that it was related to Article 32 of the Constitution. Giri responded that a Special Leave Petition (SLP) had been filed before the SC. To this, CJI Chandrachud said the SLP was filed by the Uddhav Thackeray camp, challenging the ECI order recognizing the Shinde faction.
Quote
Who are you to file this, SC asks petitioner
The bench also observed that Giri wasn't party to the conflict and asked, "Who are you to file this? We can't pass such orders. Dismissed." Notably, Article 32 empowers a citizen to move the SC in case of a violation of fundamental rights.