Is Legislative Majority Test Safe When MLAs Face Disqualification? SC on Sena vs Sena Case

In Uddhav Balasaheb Thackeray (UBT) Sena Vs Eknath Shinde’s Sena case over who holds the right to own the original party (Shiv Sena) symbol and name, the Supreme Court, on Wednesday, questioned why the Election Commission of India (ECI), if it found limitations in the competing tests for determining which faction represented the Shiv Sena, did not adopt a neutral course of allowing both factions to contest on their own strength instead of giving one group the advantage of the existing party name and symbol. The top court also asked whether the MLAs majority test was safe when lawmakers are facing disqualification.

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