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Uddhav vs Shinde: SC allows EC to decide which faction is 'real' Shiv Sena

'We direct that there would be no stay of the proceedings before the Election Commission,' the bench said
Last Updated 27 September 2022, 16:51 IST

In a setback to Uddhav Thackeray's camp, the Supreme Court on Tuesday rejected its plea to restrain the Election Commission from examining a claim made by Eknath Shinde over the Shiv Sena and its party symbol of the bow and arrow.

A five-judge Constitution bench presided over by Justice D Y Chandrachud said there would not be any stay on the proceedings before the Election Commission on intra party dispute and symbol.

The bench, also comprising Justices Krishna Murari, M R Shah, Hima Kohli and P S Narasimha, dismissed the application filed on behalf of Thackeray's camp, after a day-long hearing.

In view of the impending Brihanmumbai Municipal Corporation elections, the decision is seen as a shot in the arms of Shinde camp which is keen to usurp power in the city body, claiming themselves to be the real Shiv Sena with bow and arrow symbol after ousting Thackeray as Maharashtra Chief Minister.

Thackeray's camp led by senior advocate Kapil Sibal, A M Singhvi and Devadatt Kamath contended that since disqualification of Shinde and his supporting MLAs was pending, the EC cannot proceed on their application over the party and the symbol.

Shinde's side, represented by senior advocates Neeraj Kishan Kaul and Maninder Singh claimed a "hopeless" minority sought to remove him and other MLAs from the party.

They said the Speaker under the Tenth schedule is to exercise power to determine disqualification of a member independently and he cannot decide split or merger within a political party.

They said the right of a member of the party to approach the EC cannot be taken away.

Senior advocate Arvind Datar, appearing for the Election Commission, submitted the poll panel worked independent and very differently than the Speaker and can decide who held the majority in the party.

The plea filed by general secretary of Shiv Sena Subhash Desai questioned the proceedings under para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) initiated by Shinde and others for recognition as the “real Shiv Sena” and use the election symbol of “bow and arrow”.

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(Published 27 September 2022, 12:04 IST)

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