Uddhav Thackeray camp moves SC to stay EC proceedings on 'real' Shiv Sena

Thackeray group in its plea said that the EC can't proceed in the matter since cases are pending before the Supreme Court

Uddhav Thackeray's Shiv Sena has approached the Supreme Court for a stay on the proceedings by the Election Commission on a plea by Eknath Shinde and other party leaders to recognise them as ‘real’ Shiv Sena.

The plea filed by general secretary of Shiv Sena Subhash Desai submitted that Shinde and others have purportedly initiated proceedings under para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) seeking to be recognised as the “real Shiv Sena” by the ECI, and are claiming the right to use the election symbol of “bow and arrow” allotted to Shiv Sena.

"Despite the matter being pending before the top court, in acts of desperation, and to somehow portray a majority, the respondents are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation," it claimed.

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The plea said on July 20, 2022, the top court was assured by the counsel appearing for the Speaker that no further proceedings will be conducted in the matter of disqualification under the Tenth Schedule.

Uddhav camp asked the court to stay the proceedings initiated by the ECI on July 22, till the final adjudication by the top court on disqualification of rebel MLAs.

The plea, drawn by advocate Rajesh Inamdar, said since the very status of the persons making the petition before it as members of the legislative assembly is currently indeterminate and the issue is itself pending decision before the top court, these persons cannot be considered as MLAs of Shiv Sena and their claim or affidavits cannot be relied upon, and therefore, ECI should not proceed with the matter at this stage.

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“Despite being asked not to precipitate the matter and stay its hand, the ECI has decided to initiate proceedings under Symbols Order on petition of Shinde and has issued notice to Uddhav Thackeray, without taking into account the proceedings before this court as well as the oral observation to maintain status quo and in complete disregard of the sanctity of proceedings pending before this court and the role expected of the ECI as a constitutional authority,” the plea said.