Kapil Sibbal argues compliance with 1951 Representation Act in Supreme Court hearing

During a pivotal Supreme Court session on August 12, senior advocate Kapil Sibbal defended the Shiv Sena faction led by Uddhav Thackeray against allegations of procedural breach. Referring to the Representation of the People Act, 1951, Sibbal emphasized that Section 29A obliges political parties to alert the Election Commission of any modifications to its name, headquarters, or leadership.

He pointed to a dated April 4, 2018, record, duly stamped by the commission, that enumerated twelve appointed office‑bearers and twenty‑one elected members. According to Sibbal, the party had fulfilled its statutory duty by submitting these details, and any subsequent dispute stems from the commission's alleged ignorance of the party's 2018 constitution.

Chief Justice Surya Kant clarified that notification is required only when a change actually occurs. When asked whether the party's internal re‑organisation in February constituted a change, Sibbal maintained that the party's internal constitution, which stipulates that the "party chief" is elected, was fully respected.

Justice B. Gagci inquired about the authenticity of the documents, noting the opposing side's claim that certain papers were prepared after the fact. Sibbal rebutted that the documents bore the official seal of the Election Commission, and any attempt to retroactively fabricate them would be a criminal act.

The judges also explored the broader question of the Election Commission's jurisdiction over intra‑party disputes, distinguishing between legitimate authority and potential overreach. The matter was adjourned for continuation on the following day.