The Delhi High Court said that it would not set aside the order by single-judge who declined to quash the order by the Election Commission for freezing the Shiv Sena party name and symbol.
A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad opined that stated that the matter will be dealt by the Election Commission in accordance with the procedure in the Election Symbols (Reservation and Allotment) Order, 1968.
The order mentioned that there are two preliminary issues which are sought to be raised by the Appellant that remain pending before the Apex Court in Writ Petition (Civil) 493/2022,still the Top Court vide Order dated 27.09.2022 in IA Nos.101776-77/2022 has held that there shall be no stay on the proceedings before the Election Commission of India.
The bench further said that the Election Commission of India has all the right to proceed with the adjudication of the dispute pending before it.
Both the factions of Sena, the one led by Uddhav Thackeray and the other by Eknath Shinde, have laid claim to the party name and symbol but the poll body in its interim order of October 8 has restrained both camps from using the Shiv Sena until it decides which among them is rightful claimant.
The restriction will apply for the upcoming bypolls in the State
The order which was was passed by Chief Election Commissioner Rajiv Kumar and Election Commissioner Anup Chandra Pandey stated: None of the two factions led by Sh. Eknathrao Sambhaji Shinde (Petitioner) and other led by Sh. Uddhav Thackeray (Respondent) shall be be permitted to use the name of the party “Shivsena”.
Both the factions shall not be permitted to use the symbol “Bow & Arrow”, reserved for “Shivsena’
The order however gave both the groups option to choose symbols from the list of free symbols notified by the Election Commission for the purposes of the current bye-elections.
This is all after Supreme Court Constitution Bench allowed the ECI to decide a plea by the Shinde faction to be recognised as the ‘real’ Shiv Sena and to use the bow and arrow symbol of the party.
The plea by the Thackeray camp was rejected by the court that sought a stay on the ECI proceedings till the Supreme Court decides the plea regarding disqualification of MLAs belonging to the Shinde camp.
Yesterday, the The Delhi High Court reserved its order in a plea filed by former Maharashtra Chief Minister Uddhav Thackeray challenging the Election Commission of India’s (ECI) decision to freeze the Shiv Sena party name and bow and arrow symbol.
The Thackeray faction had moved to the court against the order by the single-judge’s had upheld the ECI decision. T
The single-judge had stated that it would be in the interest of parties as well as the general public if the ECI decided allotment of the symbol and the party name soon.
Thackeray mentioned that passing the order of freezing, the Election Commission has proceeded on the assumption that there are two factions of the Shiv Sena party.
The plea argued that there are no two factions in the party, as Thackeray continues to be rightfully elected President, which was accepted by Shinde as well.