An appeal has been filed before a division bench of Delhi High Court by the Former Maharashtra Chief Minister Uddhav Thackeray against a single-judge’s order dismissing his plea challenging the Election Commission of India’s (ECI) decision to freeze the Shiv Sena party name and bow and arrow symbol
Both the factions of Shiv Sena,Uddhav Thackrey and Eknath Shinde have laid claim to the party name of Shiv Sena and its symbol.
An interim order was passed by ECI on October 8 restraining both camps from using the ‘Shiv Sena’ party name and the symbol until it decides which among the two rival factions is entitled to use them.
The petition by Thackeray was dismissed by Single-judge Justice Sanjeev Narula last month who held that there was no interdiction by the Supreme Court regarding the proceedings to be conducted by the ECI.
The judge had, however, said that it would be in the interest of parties as well as the general public if the ECI decided the proceedings related to allotment of symbol and party name as expeditiously as possible.
Thackeray in his appeal had charged that the single-judge failed to appreciate that the EC’s order is “patently illegal, without jurisdiction and unsustainable, both in law and on facts”.
During passing the order of freezing, the Election commission has proceeded on the assumption that there are two factions of Shiv Sena party.
As per the plea there cannot be two factions of party as Thackeray continues to be “rightfully elected President”, a fact admitted even by Eknath Shinde.