Maharashtra: Supreme Court order on Wednesday jolted the Uddhav Thackeray faction as it spurned to stay the order of the Election Commission. Earlier, the Election Commission ordered to recognise the Eknath Shinde led-faction as the real Shiv Sena and allocated the 'Bow and Arrow' as a party symbol to his faction.
The top court, while issuing notice to the Shinde group on the appeal against the poll panel’s decision, permitted the Thackeray faction to use 'Shiv Sena (Uddhav Balasaheb Thackeray)’ name and ‘flaming torch’ as a poll symbol in the state byelections scheduled for February 26.
Chief Justice D Y Chandrachud's order
'Counter affidavit, if any, be filed within a period of two weeks. Pending further orders, the protection (on use of party name and flaming torch symbol) and which has been granted in paragraph 133 (IV) of the impugned order of the Election Commission dated Feb 17, 2023, shall continue to remain in operation,” ordered the bench headed by Chief Justice D Y Chandrachud.
Kapil Sibal asked the court to save the assets of Shiv Sena (UBT) from being taken
It, however, did not grant any relief to the Thackeray camp despite its vehement submissions that the assets of the party and its bank accounts be saved from being taken over by the Shinde faction. Senior advocate Kapil Sibal, assisted by lawyer Amit Anand Tiwari, urged the court on Thackeray's behalf that a status quo order on party properties and bank accounts be granted as the Shinde faction is taking over everything on the ground that now they are the real Shiv Sena.
Shinde bloc can't issue a whip against Thackeray faction
There was some positive outcome for the Thackeray faction as senior advocate N K Kaul, appearing for the Shinde bloc, assured the bench it will not take steps like issuing a whip or initiation of disqualification proceedings against lawmakers – MLAs, MLCs and MPs – of the Thackeray faction for the time being.
The assurance came after senior advocate A M Singhvi, also appearing for Thackeray, raised apprehension, saying “Tomorrow, if they issue a whip or a letter and if we do not do it then we will be disqualified. Now they are the party. I have no protection. Your lordships should give us the status quo at least.”
The bench, while refusing to grant the interim relief of status quo on properties and bank accounts, said though it was entertaining the plea of Thackeray it cannot “stay an order at this stage as they have succeeded before the EC.” Sibal also sought the liberty to move the court again if the Shinde faction takes any action to precipitate the situation by taking over properties. “That is independent of the EC order. Ultimately that is a contractual relationship within a political party. Any further action is not based on the Election Commission order,” the bench said, adding the Thackeray group will have to “exhaust other remedy”.
NCP chief Sharad Pawar calls it Modi's influence
NCP Chief Sharad Pawar said, 'Today the Election Commission and other organizations are giving decisions that the ruling government wants. Today, the organization which is working in the country under Modi's leadership thinks they will keep the power in their hand. But someone complained to the Election Commission and the Election Commission gave a verdict and allotted the Shiv Sena and its symbol to someone else from those who formed this party. This is a big attack on political parties.' He further said that nowadays, Election Commission and other organisations are giving decisions that the ruling government wants. He said, 'Today the Election Commission and other organizations are giving decisions that the ruling government wants. Today, the organization which is working in the country under Modi's leadership thinks they will keep the power in their hand.'
Court to hear the matter after 2 weeks after submission of arguments
Rahul Shewale, Shiv Sena MP today informed about the next hearing of the Supreme Court over the issue and said, 'SC today rejected Uddhav Thackeray faction’s plea for stay on EC’s order of Shiv Sena’s name & symbol. It ordered Shiv Sena to be free to decide on the party’s internal matters. The court will rehear the matter after 2 weeks after submission of arguments.'
Mahesh Jethmalani, BJP MP & Lawyer of Shinde Faction said, 'Today, SC has rejected the plea by Uddhav Thackeray faction over EC order on Shiv Sena symbol. There will be a final hearing in a month or so. We’re very confident about our case'
The top court had on Tuesday agreed to hear the plea of the Thackeray camp against the Election Commission's decision. The poll panel had on Friday recognised the Eknath Shinde-faction as the real Shiv Sena and ordered allotment of the bow and arrow election symbol of the undivided party founded by the late Balasaheb Thackeray to it.
(with inputs from PTI)
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