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SC refuses to stay Election Commission decision on Shiv Sena name and symbol


The Supreme Court on Wednesday denied to stay the Election Commission’s order to allot the name ‘Shiv Sena’ and the ‘Bow and Arrow’ symbol to the faction led by Maharashtra Chief Minister Eknath Shinde, saying, “we can’t stay an order at this stage”.

The Supreme Court explained that if any action is taken that is not based on the EC order, the Uddhav Thackeray camp can seek other legal remedies.

After two weeks, the Supreme Court scheduled the case.

Senior Advocate Kapil Sibal urged the Supreme Court to grant interim relief, claiming that they are taking office after office and urging the court to issue a status quo order.

The Supreme Court has asked the opposing camp, Eknath Shinde, to file a response to the petition.

On Tuesday, Kapil Sibal petitioned the Supreme Court to hear the case on Wednesday, claiming that if the EC decision is not contested and challenged, the rival faction will seize control of everything, including the party’s bank accounts.

“It will not disrupt the Constitution Bench hearing because three judges are waiting for them,” CJI Chandrachud said. He added that he would finish the Constitution Bench hearing on the Maharashtra political crisis on Wednesday and then take up the petition contesting the EC’s ruling on the Sena symbol.

The court stated that it will first read the matter.

The Shiv Sena faction led by Uddhav Thackeray filed a petition in the Supreme Court challenging the EC’s decision to award the name “Shiv Sena” and the “Bow and Arrow” symbol to the rival faction led by CM Shinde.

Uddhav claimed in his Monday petition that ECI ignored the fact that his faction has a majority in both the Legislative Council and the Rajya Sabha.

In the plea, Uddhav Thackeray also argued that the legislative majority alone could not be used to justify the EC’s order.

Uddhav Thackeray, who challenged the EC decision, stated that “the entire edifice of the impugned order (EC’s decision) is based on the purported legislative majority of the Respondent (Shinde),” which is an issue to be determined by the top court in the Constitution Bench.

The plea stated, “The ECI has failed to consider that the Petitioner enjoys a majority in the Legislative Council (12 out of 12) and Rajya Sabha (3 out of 3). It is submitted that in a case of this kind where there is a conflict even in the legislative majority i.e., Lok Sabha on the one hand and Rajya Sabha on the other as well as Legislative Assembly and Legislative Council, more particularly, having regard to the fact that there is a possibility of the alleged members losing their right of membership, the legislative majority alone is not a safe guide to determine as to who holds the majority for the purposes of adjudicating a petition of the Symbols Order”.

Dhanshree Badhe

Dhanshree Badhe

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