Uddhav v. Shinde: SC denies stay on ECI’s order and allows uddhav’s faction to retain the symbol of ‘flaming torch’ for the time being.
Last Updated on February 24, 2023 by Administrator
Supreme court on Wednesday, 22 Feb ’23, refused to grant a stay on the election commission’s order and served a notice allowing the Thackeray faction to use the name ‘Uddhav Balasahib Thackeray’ and symbol ‘flaming torch’ allotted by ECI during the pendency of the case for the upcoming bye-elections in Maharashtra on 26 February.
Court issued the notice and said, “we cannot pass an order which has the effect of staying the EC order without hearing them. We cannot stay the EC order without hearing them”
Uddhav Thackeray has filed the petition in the supreme court challenging the orders of ECI recognising the Eknath Shinde faction as the real shiv sena and allotting it the name and the symbol ‘bow and arrow’. When the matter was mentioned for the urgent listing by Uddhav, the supreme court refused it and asked to mention it in sequence at the next hearing.
The hearing was heard by the three-judge bench of the supreme court led by the chief justice of India DY chandrachud.
Senior advocate kapil sibal appearing for the Uddhav faction pleaded for status quo order and expressed his fear by saying that the shinde faction is taking over their offices, and bank accounts. He added, “tomorrow, Shinde group can say that we are the real party, and take over everything. They are doing that.” To which CJI replied, “the order did not address issues regarding bank accounts and properties. ECI was deciding under the symbols order. If something is part of the EC order, we can certainly look at that. But all this does not form part of the order. EC order is confined to the allotment of symbol.” Uddhav’s group of lawyers also expressed the fear of facing disqualification if they’ll not obey the whip if issued by the Shinde group. In response to this, the Shinde group assured the court that they have no intentions of issuing the whip or notice of any sort
Whereas, senior advocate Neeraj kishan kaul appearing for shinde faction objected maintainability of the SLP(special leave petition) by mentioning that Uddhav have filed the SLP directly to the SC without approaching the high court. Also, On the objection raised by the Uddhav faction regarding the legislative majority being the basis of EC’s order, Kaul responded, “ political party and legislative party are connected and integral part of each other.”
Finally, The bench has given two week time to the Shinde faction and ECI to file their responses and one week time to the Uddhav faction to file the rejoinder.
Written by – Shagun Behal
