The Constitution Bench (CB) of the Supreme Court headed by Justice DY Chandrachud refused to stop the Election Commission of India from deciding the claim of the Shinde group as the real Shiv Shena and dismissed this application.

The Uddhav Group filed an interim application before the Constitution bench which is also comprised of Justice MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha seeking an order to restrain the EC from deciding the claim during the pendency of the present case.

Senior Advocate Kapil Sibal appearing for the Uddhav group urged before the CB that in what capacity did Shinde approach the Election Commission with the claim that the Shiv Shena which is led by him is the real Shiv Shen since they have incurred disqualification. He argued that allowing a disqualified member to approach the Election Commission can spell doom for democracy. Sibal added that the balance of convenience was in favour of the Uddhav group. He informed the Bench that the Supreme Court on August 22 ordered a status quo on the Brihanmumbai Municipal Corporation elections. There are no elections happening in the near future. He also argued that allowing the ECI to decide Shinde's claim can result in "irreparable damage" to the Uddhav group.

Justice Chandrachud observed "The political party is a much wider configuration than the legislative unit of that party which consists of the elected members. does the dispute in relation to the former in the legislative unit affect the authority of Election Commission. That is the heart of the matter". He further expressed "What is troubling is, the whole concept of disqualification is in relation to the house. The jurisdiction of the Election Commission is to decide who represents the political party. What happens on the floor of the house is a microcosm of the consequence of elections. That is an area where thought has to be put. Your contention is that because the legislature party is brought under the cloud because of disqualification proceedings, the Election Commission should be interdicted from deciding the non-legislature party. that is an area with a little bit of."

Appearing for the Election Commission Senior Advocate Arvind P Datar, submitted that the powers of the ECI and the Speaker are entirely different. If political party is a larger set, legislature party is the subset of members of political party who are now elected and form part of the House. proceedings become parallel when two conditions are met - when both authorities have concurrent jurisdiction and when one of them is inferior to the other. Disqualification under the Tenth Schedule will relate to the membership of the House. Every provision of the Tenth Schedule speaks about the disqualification of the particular member. On the other hand, the Symbols Order is party-specific.