Delhi HC dismisses Uddhav's plea against EC order freezing party name, symbol

Update: 2022-11-15 14:25 GMT
The EC allowed the Uddhav Thackeray faction to keep the "flaming torch" poll symbol allocated to it during the Maharashtra Assembly by-polls in the state.

A petition filed by former Maharashtra chief minister Uddhav Thackeray against the Election Commission’s interim order freezing Shiv Sena party name and its election symbol, was dismissed by the Delhi high court on Tuesday (November 15).

Justice Sanjeev Narula observed that the Election Commission (EC)’s proceedings on the use of Shiv Sena’s bow and arrow election symbol and name should be concluded soon since it would be in the interest of both – the two Shiv Sena factions and the general public. It asked the poll panel to decide the issue as expeditiously as possible.

The court said the present petition is dismissed.

Earlier this year, Eknath Shinde, the current Maharashtra chief minister, had led a rebellion against Thackeray primarily accusing him of entering into an “unnatural alliance” with the Congress and NCP. Shinde had the support of over 40 of Shiv Sena’s 55 MLAs and this eventually led to the resignation of Thackeray.

Also read: Shinde led Maha govt will collapse in coming months: Aaditya Thackeray

As an outcome of these developments, the Shinde faction staked claim to the party’s name and election symbol, asserting it was the real Shiv Sena.

The Election Commission (EC), in its October 8 interim order, had barred the two Shiv Sena factions led by Thackeray and Shinde from using the party name and its election symbol in the Andheri East Assembly by-poll.

Thackeray had approached the high court last month seeking quashing of the EC order freezing the party name Shiv Sena and its election symbol bow and arrow.

The petition alleged the EC displayed undue haste in passing the order without affording an opportunity to Thackeray to be heard despite an application by him requesting oral hearing.
Thackeray claimed in his petition the party symbol is intrinsically identified with it, having been used since the inception of the Shiv Sena, the party founded by his father Bal Thackeray, in 1966.

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