The Supreme Court on Wednesday refused to order a stay on the decision of the Election Commission of India recognising the Chief Minister Eknath Shinde-led camp as the official Shiv Sena while issuing a notice to the Shinde faction on Uddhav Thackeray’s plea. A three-judge bench of the top court comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was hearing a plea filed by former Maharashtra CM Uddhav Thackeray challenging the poll panel’s decision.
Appearing for the petitioner, senior advocate Kapil Sibal sought a status quo order on grounds that the Shinde faction was taking over the offices and bank accounts of the party even as a hearing was underway. That request was, however, declined by the apex court.
“This order does not contain anything regarding bank accounts or properties. ECI was deciding the symbol order. Something which is a part of the order we can certainly look upon. This does not form part of the order. ECI order is confined to the allotment of the symbol. Now they have succeeded before the EC. We cannot pass an order which has the effect of staying it without hearing them. We are entertaining the SLP. We can’t stay the order at this stage. They’ve succeeded before the ECI,” CJI Chandrachud observed, according to Live Law.
Arguing that the issues raised in the petition have a direct bearing on the issues which are being considered by the Constitution Bench, the petitioners urged that their plea may be heard along with the matters being considered by the Constitution bench. The petition also alleges that the EC “failed to discharge its duties” as a neutral arbiter of disputes and acted in a manner undermining its constitutional status, and was “biased and unfair”.
On February 17, the EC recognised the Eknath Shinde faction of the Shiv Sena as the official party and allowed them to use the “boa and arrow” symbol and the “Shiv Sena” name. The Uddhav faction, on the other hand, has been allowed to use the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the symbol of the “flaming torch” for the upcoming bye-elections in the Maharashtra assembly.