The Supreme Court will hear on Wednesday a petition filed by Uddhav Thackeray's faction challenging the Election Commission's order recognising the faction led by Chief Minister Eknath Shinde as the real Shiv Sena and allotting them the “bow and arrow” poll symbol. A bench of Chief Justice D.Y. Chandrachud and Justices Krishna Murari and P.S. Narasimha has posted the matter for hearing at 3.30 pm.
What are petitioner's contentions
Election Commission has erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political party.
Election Commission has erred in holding that there was a split in the Shiv Sena.
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.
Thackeray faction has an overwhelming majority in the Pratinidhi Sabha, which is the apex body representing the wishes of the primary members and other stakeholders of the party.
The Election Commission has acted in a "biased and unfair manner". It failed to discharge its duties as a neutral arbiter of disputes under para 15 of the symbols order and has acted in a manner undermining its constitutional status.
The EC order
The Election Commission in its order on Friday recognised Eknath Shinde-faction as the real Shiv Sena and allotted to it the 'bow and arrow' election symbol of the undivided party founded by the late Balasaheb Thackeray.
The Commission allowed the Uddhav Thackeray faction to keep the 'flaming torch' poll symbol allotted to it till the completion of the assembly by-polls in the state.
The Commission said the MLAs backing Shinde got nearly 76 per cent of votes polled in favour of the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections. The Uddhav Thackeray camp got 23.5 per cent of the votes polled in favour of the winning Shiv Sena candidates.
War of words
The Election Commission's order has sparked off a political war of words with Uddhav Thackeray alleging that the poll panel was acting as a “slave” of Prime Minister Narendra Modi. He also accused the BJP of destroying democracy with the help of democratic institutions. “I dare them to stop using the name of my father (late Balasaheb Thackeray) and his photo. Let him (Shinde) put photo of his father and then seek votes,” Uddhav said. He also urged other political parties to remain cautious, saying what happened to the Shiv Sena can happen to them, too.
Shinde, meanwhile, said the Election Commission's decision to allot his faction of the Shiv Sena the "bow and arrow" election symbol was a victory of truth. The majority has a weightage in democracy and the truth has prevailed, he said.
