Thackeray camp moves SC against EC's order on Shiv Sena name, symbol to Shinde's group

The apex court asked the lawyer of the faction to mention the plea on Tuesday (February 21)

Uddhav Thackeray's group on Monday filed a plea in the Supreme Court, questioning validity of the Election Commission's final order recognising Eknath Shinde's faction as the real Shiv Sena and allotting it 'bow and arrow' symbol, contending the poll panel failed to discharge its constiutional duty to act as neutral arbiter of the dispute.

Senior advocate A M Singhvi mentioned the plea before a bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala for urgent hearing.

The court, however, rejected his plea for granting him date of hearing. Instead, the court asked him to make a request on Tuesday.

Singhvi appeared for the Thackeray group.

Also read: Top developments in Thackeray-Shinde row after EC order

On February 17, the top court declined a plea made by Thackeray faction of Shiv Sena to refer the 2016 Nabam Rebia judgement, which restrained the Speaker to decide disqualification petition if a resolution for his own removal is pending, to a seven-judge bench.

In another blow to the Thackeray group of the party, the Election Commission, in its final order, said the party name Shiv Sena and symbol would be retained by Shinde, present Chief Minister of the state.

While exercising the power under Article 324 of the Constitution and Symbols Order, 1968, the EC applied three tests majority in legislative wing, organisational wing and the party constitution to make its final decision.

The poll panel also noted the Rashtriya Karyakarini is the apex body of the party which was elected by a directly-appointed Pratinidhi Sabha. Neither wing provided details of its strength. The organisational wing could not yield determinable finding, the EC said.

The EC also said that the 2018 amendment to the party's constitution was not given to it. The amendments had undone the introduction of democratic norms in the party in 1999 at its insistence.

In June, 2022, Shinde along with his supporting MLAs had joined hands with the BJP, forcing Thackeray to resign as Chief Minister of Maharashtra.

Thackeray, in the plea filed through advocate Amit Anand Tiwari, said the EC has failed to appreciate that petitioner enjoys overwhelming support in the rank and file of the party and in the Pratinidhi Sabha, the apex representative body of the primary members and other stakeholders of the party.

"The Petitioner enjoys the support of 160 members out of approximately 200 odd members in the Pratinidhi Sabha,” it said.

“The EC disregarded the party Constitution of 2018 on the ground that it was undemocratic and that it was not communicated to it. These observations are totally erroneous as the amendments in the Constitution were categorically communicated in 2018 itself and the petitioner will place clear evidence in this regard,” the plea said, seeking interim stay on the EC order.

The plea also contended that the test of legislative majority adopted by the EC could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting Shinde.

“If the legislators are held to be disqualified, there is no question of them then forming a majority. Thus, the basis of the impugned order itself is constitutionally suspect,” it said.

The plea also said that EC has erred in holding that there is a split in the political party as the only averment was made with regard to the split in legislative party