NEW DELHI: The Supreme Court on Wednesday refused to grant an early hearing to a plea made by the Shiv Sena (Uddhav Balasaheb Thackeray group) regarding the ongoing dispute over the 'bow and arrow' election symbol, allocated to the Eknath Shinde faction.
The court questioned the urgency of the matter, especially in light of the forthcoming local body elections in Maharashtra.
The apex court, while declining to fix an urgent hearing during the ongoing summer vacation, decided to list the case on 14 July, a Monday, when the court reopens after a one-month-and-20-day-long summer recess.
Senior advocate Devadatt Kamat, appearing for the UBT group, mentioned the matter before a two-judge vacation bench comprising Justice M M Sundresh and Justice K Vinod Chandran, stating that local elections in Maharashtra were expected to be announced next week.
“We are seeking some ad interim directions, like it was issued in the NCP (Nationalist Congress Party) matter. The symbol has been awarded to them (Eknath Shinde section),” Kamat submitted to the bench.
Opposing the plea, counsel for the Eknath Shinde group argued that two elections had already been held since the Election Commission's decision and that a similar request had previously been mentioned before Justice Surya Kant's bench, which was rejected.
The bench observed that even if the election was notified, the challenge was ultimately against a High Court order.
To this, Kamat interjected, “This is a symbol dispute. The matter has been pending here for two years. It is ultimately a question of people’s choice.”
The top court, however, remained unconvinced of the urgency, remarking, “If it is pending, then no problem. No rights will go. What is the urgency?”
Eventually, the court listed the matter for hearing on 14 July.
It is pertinent to note that the Election Commission of India (ECI), in its order dated 17 February 2023, had ruled that the faction led by Maharashtra's Chief Minister Eknath Shinde was the legitimate Shiv Sena. Accordingly, it awarded the original party name and the 'bow and arrow' symbol to Shinde’s group, as per the Symbols Order issued by the ECI under its powers derived from Article 324 of the Constitution and Section 29A of the Representation of the People Act, 1951.
Challenging this ECI order, the Uddhav Thackeray-led faction moved the Supreme Court seeking to have it quashed.