SC refuses to stay EC order on Shiv Sena; asks Shinde camp to file reply in 2 weeks

Update: 2023-02-22 11:39 GMT
"The reliefs which have been sought under Article 32 can well be pursued in appropriate proceedings before the high court under Article 226," the bench said. (Representational image)

The Supreme Court on Wednesday refused to stay the Election Commission’s (EC) order granting the Shiv Sena party name and symbol ‘bow and arrow’ to the Eknath Shinde faction. The SC rejected the Uddhav Thackeray faction’s demand for stay while hearing a petition from the faction challenging the EC order.

At the same time, it issued notice to Shinde camp to file a reply within two weeks to the petition filed by former Maharashtra Chief Minister Uddhav Thackeray challenging the EC decision.

Also read: Shiv Sena office in Parliament House allotted to Shinde faction

Status quo refused

Thackeray faction had sought status quo till the matter was decided. Kapil Sibal, representing Shiv Sena (UBT) chief Uddhav Thacekray in court, told a bench led by Chief Justice of India DY Chandrachud that they want protection. “We want protection. We don’t want our properties to be taken over and bank accounts taken over”.

Sibal raised concerns about the CM Eknath Shinde camp taking “office after office” after the EC allotted them the Shiv Sena name and symbol. “Till your lordships decide, we want a status quo order,” Sibal urged the bench. The request was rejected.

“Something which is a part of the order we can decide upon. We cannot stay an order at this stage. They’ve succeeded before the ECI,” CJI Chandrachud said.

Pleas by the Thackeray group to restrain the Shinde group from taking over assets and bank counts of Shiv Sena in Parliament and Maharashtra Assembly were not entertained by the bench of CJI D Y Chandrachud, and Justices P S Narasimha and J B Pardiwala.

Shinde camp’s assurance on whip

Sibal argued that the Shinde group, being termed original Shiv Sena, would now issue a whip to them to vote in Shinde group’s favour, failing which fresh disqualification proceedings would be initiated. In response, the Shinde group’s lawyer said it would not precipitate the matter.

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Senior advocates NK Kaul and Kapil Sibal are presenting their arguments before a Bench led by CJI DY Chandrachud.

Meanwhile, the court said that ‘mashaal’ (flaming torch) election symbol will remain with Uddhav Thackeray faction of Shiv Sena for now.

(With agency inputs)

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