Uddhav moves SC, says disband EC as ‘order on party symbol erroneous’

Senior advocate Abhishek Manu Singhvi mentioned the matter before a bench headed by Chief Justice DY Chandrachud for an early listing.

Published: 21st February 2023 07:47 AM  |   Last Updated: 21st February 2023 07:47 AM   |  A+A-

Former Maharashtra chief minister Uddhav Thackeray addresses a press conference at Shiv Sena Bhavan in Mumbai, Monday, Feb. 20, 2023. (Photo | PTI)

Express News Service

NEW DELHI/MUMBAI: The Uddhav Thackeray faction on Monday moved the Supreme Court challenging the decision of the Election Commission recognising the Eknath Shinde-led group as the real Shiv Sena and allotting the ‘bow and arrow’ poll symbol to it.

Senior advocate Abhishek Manu Singhvi mentioned the matter before a bench headed by Chief Justice DY Chandrachud for an early listing. The CJI, however, refused to pass any order. “Sorry, Mr Singhvi. You have to come under the mentioning list. The rule is applicable to all,” said the CJI. Terming ECI’s order as tainted and erroneous, Uddhav’s plea while seeking a stay stated that the poll body acted in a manner that undermines its constitutional status.

It was also contended that the ECI erred in holding that there is a split in the party. “The election commission has failed to appreciate that the Uddhav faction enjoys overwhelming support in the rank and party’s file,” said Singhvi. “The test of legislative majority adopted by the election commission could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting the respondent,” said the plea by Uddhav.

“If in the disqualification proceedings, the legislators are held to be disqualified, then there is no question of them forming a majority. Thus, the basis of the impugned order itself is constitutionally suspect,” Uddhav’s plea said. In Mumbai, Uddhav Thackeray said the present ECI should be abolished and that there should be elections for the ECI members.

Uddhav said that ECI has hurriedly passed its order giving party name and symbol to the Eknath Shinde faction because they wanted to mess up the legal battle going on in the Supreme Court. “If the SC passes the judgment of disqualifying the 16 rebelled Shiv Sena MLAs, then what meaning will the ECI order carry? One after another institution is losing their credibility. The 2024 Lok Sabha elections will be the last elections. People will have to come forward to protect democracy,” said Uddhav.

The former Maharashtra CM alleged that with the ECI's help, the Shinde faction had stolen the Shiv Sena as the party’s name, and ‘bow and arrow’ symbol. “There is a conspiracy to finish off Shiv Sena. My father Balasaheb Thackeray who founded the party was always at the forefront to protect the top leadership of the BJP when they were in trouble. Now, in return, what have we got? But the people of this country are supreme, they will teach BJP a lesson in the coming elections,” said Uddhav.


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