The Supreme Court on July 10 agreed to hear on July 31 a petition filed by Shiv Sena (UBT) leader Uddhav Thackeray challenging an Election Commission of India order allotting the party name ‘Shiv Sena’ and symbol ‘bow and arrow’ to the faction led by Maharashtra Chief Minister Eknath Shinde.
Appearing before Chief Justice of India D.Y. Chandrachud for Mr. Thackeray, advocate Amit Anand Tiwari said the case was last heard on February 22 and was directed to be listed within the next three weeks. The case, however, failed to come up.
Chief Justice Chandrachud said the scheduled date is July 31, and the case would be taken up then.
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Mr. Thackeray, through Mr. Tiwari, had written to the Supreme Court Registrar on Saturday for permission to urgently mention his petition against the Election Commission (EC) order of February 17 in favour of Mr. Shinde. He has contended that the order was “completely illegal” in view of the Constitution Bench judgment of the Supreme Court in May directing the Maharashtra Assembly Speaker to go ahead with the disqualification proceedings against Mr. Shinde for defection.
The letter said election was “imminent” in the State and Mr. Shinde was “illegally using the party name and symbol”.
The Constitution Bench had held that the EC order would take effect only “prospectively”, after the Speaker took a call on the pending disqualification petitions. Mr. Thackeray had recently filed a separate petition in the Supreme Court, accusing the Speaker of deliberately delaying the disqualification proceedings.
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In his appeal, Mr. Thackeray had argued that the EC order was “unfair” and “biased”. He contended that the poll body had failed in its duties as a “neutral arbiter of disputes” under the Election Symbols (Reservation and Allotment) Order of 1968.
The EC order was based on proceedings under Paragraph 15 of the 1968 Order, which empowered it to identify the “recognised political party” from among rival factions or splinter groups.
