Supreme Court on Bow and Arrow dispute: Supreme Court on Wednesday refused to stay Election Commission's order on the "Shiv Sena" party name and "Bow and Arrow" symbol which was allotted to Chief Minister Eknath Shinde's faction. "We cannot stay an order at this stage," it clarified.
'Uddhav Thackeray camp can pursue other remedies of law if any action is taken which is not based on the EC order," it added.
A bench led by Chief Justice of India DY Chandrachud heard the plea. The Uddhav Thackeray-led faction of the Shiv Sena had moved the Supreme Court challenging the EC's move to allot the name 'Shiv Sena' and 'Bow and Arrow' symbol to the rival faction led by CM Shinde.Uddhav, in his plea filed on Monday, said that ECI failed to consider that his faction enjoys the majority in the Legislative Council and Rajya Sabha.
Supreme Court, however, issued notice to Eknath Shinde camp on the petition filed by Uddhav Thackeray against the Election Commission order and asked Shinde camp to file a reply to the petition.
Uddhav Thackeray's plea:
Uddhav Thackeray in the plea, also submitted that the legislative majority alone, in this case, could not be the basis for passing of the order by EC. Challenging the EC decision, Uddhav Thackeray said the poll panel was erroneous in its decision and said that, "the entire edifice of the impugned order (EC's decision) is based upon the purported legislative majority of the Respondent (Shinde) which is an issue to be determined by the top court in the Constitution Bench".
"The ECI has failed to consider that the Petitioner enjoys a majority in the Legislative Council (12 out of 12) and Rajya Sabha (3 out of 3). It is submitted that in a case of this kind where there is a conflict even in the legislative majority i.e., Lok Sabha on the one hand and Rajya Sabha on the other as well as Legislative Assembly and Legislative Council, more particularly, having regard to the fact that there is a possibility of the alleged members losing their right of membership, the legislative majority alone is not a safe guide to determine as to who holds the majority for the purposes of adjudicating a petition of the Symbols Order," the plea said.
"In these circumstances, it is respectfully submitted that the legislative majority test cannot be the test which can be applied for the purposes of determination of the present dispute," it added. Uddhav Thackeray said the EC has erred in holding that there is a split in the political party, submitting that "in the absence of any pleadings and evidence that there was a split in a political party, the finding of the ECI is completely erroneous on this ground".
"The test of legislative majority adopted by the ECI could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting the Respondent. If in the disqualification proceedings, the legislators are held to be disqualified, there is no question of these legislators then forming a majority. Thus, the basis of the impugned order itself is constitutionally suspect," the EC said.
Uddhav submitted that the EC has failed to appreciate that he enjoys overwhelming support in the rank and file of the party. He said his faction 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 recognised as the apex body under Article VIII of the party constitution. Questioning the EC, the former Maharashtra CM said the poll panel has disregarded the constitutionality test by holding that the constitution of the party cannot be held sacrosanct as the same could not be said to be 'democratic'.Uddhav submitted further that the EC has failed to discharge its duties as a neutral arbiter of disputes and has acted in a manner undermining its constitutional status.
"In these circumstances, it is respectfully submitted that the legislative majority test cannot be the test which can be applied for the purposes of determination of the present dispute," it added. Uddhav Thackeray said the EC has erred in holding that there is a split in the political party, submitting that "in the absence of any pleadings and evidence that there was a split in a political party, the finding of the ECI is completely erroneous on this ground".
"The test of legislative majority adopted by the ECI could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting the Respondent. If in the disqualification proceedings, the legislators are held to be disqualified, there is no question of these legislators then forming a majority. Thus, the basis of the impugned order itself is constitutionally suspect," the EC said.
Uddhav submitted that the EC has failed to appreciate that he enjoys overwhelming support in the rank and file of the party. He said his faction 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 recognised as the apex body under Article VIII of the party constitution. Questioning the EC, the former Maharashtra CM said the poll panel has disregarded the constitutionality test by holding that the constitution of the party cannot be held sacrosanct as the same could not be said to be 'democratic'. Uddhav submitted further that the EC has failed to discharge its duties as a neutral arbiter of disputes and has acted in a manner undermining its constitutional status.
(With agencies inputs)
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