MASSIVE SETBACK for Uddhav Thackeray camp: Supreme court rejects urgent hearing of petition filed by Uddhav Thackeray against election commission’s order

Supreme court on Monday, 20th February refused the urgent hearing of the plea filed by former Maharashtra’s CM, Uddhav Thackeray against the order of the election commission regarding ‘shiv sena’ party name and symbol.

The election commission passed orders on 17th February in which it allotted the name ‘shiv sena’ and the party symbol ‘bow and arrow’ to the Eknath Shinde camp recognising it as the real shiv sena. The order said, “The party name ‘Shiv Sena’ and the party symbol ‘bow and arrow’ will be retained by the petitioner faction.”

The following were the directions issued by ECI (election commission of India)-

1.       The party name “Shiv Sena” and the party symbol “Bow and Arrow” will be retained by the petitioner faction;

2.       The name of “Balasahebanchi ShivSena” and the symbol of “Two Swords and Shield”, which was allotted to the petitioner by way of the interim order dated October 11, 22 in this dispute case will henceforth be frozen with immediate effect and will not be used;

3.       The petitioner is directed to amend the 2018- Constitution of the party in line with section 29 A of the RP Act, 1951 and extant guidelines issued by the Commission on registration of political parties inter-alia conforming to internal democracy;

4.       In view of the ongoing bye-elections for 205- Chinchwad, and 215- Kasba Peth of Maharashtra Legislative Assembly, the respondent faction, which was allotted the name of “Shivsena (Uddhav Balasaheb Thackeray)” and symbol of “Flaming Torch as per the interim order dated October 10, 22 of the Commission in this dispute case, is hereby allowed to retain the said name and the symbol till completion of the said bye-elections

ECI contended that it had passed the orders based on the majority in the legislative wing and not based on the organisational wing of the party. The Shinde-led camp had the support of 40 MLAs in the Maharashtra legislative assembly and 18 MPs in Lok sabha. On the other hand, the Thackeray-led camp had 15 MLAs and 13 MPs in their support.

Thackeray, in his petition, argued that his camp enjoyed the majority in the legislative council and rajya sabha. It said, “In a case of this kind where there is a conflict even in the legislative majority i.e., Lok Sabha on 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 under Para 15 of the Symbols Order.”

 Uddhav Thackeray challenged the order of ECI in supreme court where senior advocate Abhishek Manu Sanghvi representing him, mentioned the matter for urgent listing. Then supreme court bench led by CJI chandrachud refused it as the matter was not part of present day’s mentioning list. CJI asked to mention it on Tuesday in sequence. CJI said, “You have to come under the mentioning list. Come tomorrow.”