New Delhi : The Supreme Court on Tuesday agreed to hear on Wednesday a plea by Uddhav Thackeray against the recent decision by the Election Commission of India (ECI) recognizing the Eknath Shinde faction as the official Shiv Sena.
Representing Thackeray, senior advocate Kapil Sibal submitted before a bench headed by Chief Justice of India DY Chandrachud that if the ECI order is not stayed, they will take over everything including the bank accounts. "My only request is, take up the matter tomorrow morning with the constitution bench matters," Sibal said.
The bench, also comprising Justice PS Narasimha, said they don't want to disrupt the constitution bench as there are three judges waiting. "We will finish the constitution bench and get up a little early and then take it up tomorrow," the bench said. Sibal insisted and requested the the bench to take up the matter Tuesday. The Chief Justice said, "We have not read it yet...tomorrow."
The bench decided to take up the matter at 3.30 pm on Wednesday. Thackeray, in the plea filed through advocate Amit Anand Tiwari, said the ECI has failed to appreciate that the petitioner enjoys overwhelming support in the rank and file of the party.
"The petitioner has an overwhelming majority in the Pratinidhi Sabha, which is the apex representative body, representing the wishes of the primary members and other stakeholders of the party. The Pratinidhi Sabha is the apex body recognised under Article VIII of the Party Constitution. The petitioner enjoys the support of 160 members out of approximately 200 odd members in the Pratinidhi Sabha," the plea added.
The plea further contended that the ECI 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.
Also read: Shiv Sena's first National Executive today after name and symbol allotment
On February 17, the Election Commission allotted the Shiv Sena party name and the bow and arrow symbol to the faction led by Eknath Shinde. "The ECI has disregarded the party Constitution of 2018 (which was admitted even by the respondent No.1 to be the Constitution governing the parties) on the ground that such a constitution is undemocratic and that it was not communicated to the Commission," the plea read.
"These observations are totally erroneous as the amendments in the Constitution were categorically communicated to the Commission in 2018 itself and the petitioner will place clear evidence in this regard," said the plea, seeking interim stay on the ECI order passed on February 17.
The case pertains to a dispute for the party name and symbol between Uddhav Thackrey and Eknath Shinde factions, which was triggered last year in June after Shinde replaced Thackrey as the Chief Minister of Maharashtra as the Shiv Sena split into two factions. Both factions claimed rights over the name and symbol of the original Shiv Sena.
The matter reached the ECI. Last week, ECI in its order relied on the test of majority to grant the name and symbol. Shinde faction had the support of 40 out of 67 MLAs and MLCs in Maharashtra, and 13 out of 22 MPs in Parliament. EC said that Shinde group had secured 76% of the votes against 23.5% secured by Thackrey faction.
