The Supreme Court has denied an urgent hearing on the plea of the Uddhav Thackeray faction of Shiv Sena, which challenges the Election Commission’s recognition of the Eknath Shinde-led faction as the party’s true representative. The court’s decision also maintains the Election Commission’s allotment of the ‘bow and arrow’ election symbol to the Shinde faction.
Advocate Amit Anand Tiwari presented the plea to a bench presided over by Chief Justice DY Chandrachud, requesting an urgent hearing. The bench, also consisting of Justice JB Pardiwala and Justice Manoj Misra, responded by advising the litigants to wait until the Constitution bench on the Jammu and Kashmir matter is concluded.
The petition maintains that the Election Commission was wrong in its conclusion that the Tenth Schedule’s disqualification and Symbols Order proceedings operate independently. The petition also argues against the claim that an MLA’s disqualification is not rooted in the cessation of a political party’s membership.
The Thackeray faction’s plea further asserts that the Election Commission erred in declaring a split in Shiv Sena. It points out that without proof or pleadings suggesting a party split, the commission’s findings are entirely erroneous.
The plea argues that the Thackeray faction retains an overwhelming majority in the Pratinidhi Sabha, which is the party’s highest representative body. Moreover, the plea claims that the Election Commission acted in a “biassed and unfair manner.”
