NEW DELHI: Asserting its decision on the Shiv Sena symbol row, the Delhi High Court has refused to consider former Maharashtra Chief Minister Uddhav Thackeray’s appeal, saying the Election Commission is free to proceed with the adjudication of the dispute pending before it.
Thackeray’s plea against EC’s decision to freeze Shiv Sena’s name and its ‘bow and arrow’ party symbol amid a tussle with the Eknath Shinde faction was initially dismissed by a single-bench judge and he was moving an appeal against it.
The HC bench presided over by Chief Justice Satish Chander Sharma and Justice Subramonium Prasad said that two preliminary issues which are sought to be raised by the Appellant (Thackeray) are pending before the Supreme Court and it was also held by the top court that there shall be no stay on the proceedings before the Election Commission of India.
“Therefore, the Election Commission of India is free to proceed with the adjudication of the dispute pending before it,” the order said. “It is needless to state that the Election Commission of India will proceed in accordance with the procedure followed by the Commission while adjudicating a petition under Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968,” it said further adding no further Orders are required to be passed in his appeal.
On October 8, the EC directed both Thackeray and Eknath Shinde to restrain from using the same name or symbol till the official recognition is finally decided.