The Supreme Court on Tuesday refused an urgent hearing on the Uddhav Thackeray faction's plea challenging the Election Commission's decision to recognise the Eknath Shinde-led bloc as the real Shiv Sena and allotting to it the 'bow and arrow' poll symbol.
Advocate Amit Anand Tiwari mentioned the matter before a bench headed by Chief Justice D Y Chandrachud, seeking an urgent hearing.
"Wait for the Constitution bench on Jammu and Kashmir to get over and we will give a date," the bench, also comprising Justice J B Pardiwala and Justice Manoj Misra, said.
The petition contended that the poll panel erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political party.
It also submitted that the poll panel erred in holding that there was a split in the Shiv Sena.
In the absence of any pleadings and evidence that there was a split in a political party, the findings of the Election Commission are completely erroneous on this ground, the plea stated.
The petition said the Thackeray faction has an overwhelming majority in the Pratinidhi Sabha -- the apex body representing the wishes of primary members and other stakeholders of the party.
The plea said the poll panel has acted in a "biased and unfair manner".
It is submitted that the Election Commission of India has failed to discharge its duties as a neutral arbiter of disputes under para 15 of the symbols order and has acted in a manner undermining its constitutional status, the petition stated.
The poll panel had recognised the Eknath Shinde-faction as the real Shiv Sena and ordered the allocation of the 'bow and arrow' election symbol of the undivided party founded by the late Balasaheb Thackeray.
In a 78-page order on the protracted battle for control of the organisation, the commission allowed the Uddhav Thackeray faction to keep the "flaming torch" poll symbol allotted to it till the completion of the assembly byelections in the state.
The commission had said the MLAs backing Shinde got nearly 76 per cent of the votes polled in favour of the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections.
The MLAs in the Uddhav Thackeray camp got 23.5 per cent of the votes polled in favour of the winning Shiv Sena candidates, the three-member commission had said.