SC refuses to remain Thackeray’s plea in opposition to EC order of granting ‘Shiv Sena’ identify to Shinde faction 

Express News Service

NEW DELHI: Former Maharashtra CM Uddhav Thackeray suffered a giant setback because the Supreme Court on Thursday refused to remain the Election Commission of India’s (ECI) order of granting Shiv Sena’s identify and ‘Bow and Arrow’ image to Maharashtra CM Eknath Shinde’s faction. 

A bench of CJI DY Chandrachud, Justices PS Narasimha and JB Pardiwala additionally issued a discover in Uddhav’s plea and directed the present Maharashtra CM and ECI to file its counter inside two weeks. 

“Counter affidavit to be filed within two weeks. Pending further orders of this court, the protection which has been granted in para 133(4) of the ECIs order shall continue to remain in operation,” the court docket mentioned in its order. 

The bench additionally refused to accede to Uddhav Thackeray’s request of restraining the Shinde faction from taking on the celebration’s workplace and checking account in Parliament and state meeting. Remarking that there’s a contractual relationship between the events, the bench mentioned that the events can pursue alternate cures. 

“Any further action is not based on EC order. Then you have to pursue other remedies of law. We are entertaining the SLP but we can’t stay the order. It’s a contractual relationship within the party,” the CJI remarked. 

ALSO READ | Rs 2K cr deal struck to ‘purchase’ Sena identify & ballot image, alleges Raut

Furthermore, the bench additionally allowed the Thackeray faction to proceed utilizing the ‘Flaming Torch’ image and Shive Sena’s (Uddhav Balasaheb Thackeray) identify. ECI whereas allotting the celebration’s identify to the Shinde faction additionally allowed the Uddhav faction to retain the brand new identify and the image until the completion of bye-elections for 205- Chinchwad and 215- Kasba Peth of Maharashtra Legislative Assembly. 

Senior Advocate Kapil Sibal appeared for the Uddhav faction contended that though ECI’s order was based mostly on a majority check within the legislative wing Uddhav faction nonetheless holds the bulk in Rajya Sabha. 

“They had 40 and that’s how the symbol was given to them. The numerical count includes all MLAs and MLCs. We have the majority in Rajya Sabha,” Sibal mentioned. 

For the Shinde faction, Senior Advocate Neeraj Kishan Kaul contended that it was by no means its rivalry that the legislative celebration is just not an integral a part of the political celebration. “Till a disqualification is pending, MLA or MP has every right to vote and participate in the house. Same member of legislature party is also a member of a political party,” Kaul additional added. 

ALSO READ | Uddhav Thackeray faction of Shiv Sena strikes SC in opposition to EC’s choice

Terming ECI’s order as tainted and ex-facie inaccurate, Uddhav’s plea whereas in search of a keep acknowledged that the apex ballot physique has acted in a fashion that undermines its constitutional standing. It was additionally contended that ECI erred in holding that there’s a break up within the political celebration and has failed to understand that the Uddhav faction enjoys overwhelming help within the rank and celebration’s file. 

“The test of legislative majority adopted by the ECI could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting the Respondent. If in the disqualification proceedings, the legislators are held to be disqualified, there is no question of these legislators then forming a majority. Thus, the basis of the impugned order itself is constitutionally suspect,” the plea acknowledged. 

It was additionally acknowledged within the plea that the edifice of the ECI’s order was based mostly on the Shinde faction’s purported legislative majority which was a difficulty to be decided by the Constitution bench. 

Since ECI on Friday whereas permitting the Shinde faction to make use of the celebration’s identify & image “bow & arrow” had relied on the check of majority within the legislative meeting, the plea acknowledged that the legislative majority alone, on this case, couldn’t be the premise for passing its order. The apex ballot physique had famous that the result of the bulk within the legislative wing mirrored clearly qualitative superiority in Shinde’s favour.

NEW DELHI: Former Maharashtra CM Uddhav Thackeray suffered a giant setback because the Supreme Court on Thursday refused to remain the Election Commission of India’s (ECI) order of granting Shiv Sena’s identify and ‘Bow and Arrow’ image to Maharashtra CM Eknath Shinde’s faction. 

A bench of CJI DY Chandrachud, Justices PS Narasimha and JB Pardiwala additionally issued a discover in Uddhav’s plea and directed the present Maharashtra CM and ECI to file its counter inside two weeks. 

“Counter affidavit to be filed within two weeks. Pending further orders of this court, the protection which has been granted in para 133(4) of the ECIs order shall continue to remain in operation,” the court docket mentioned in its order. 

The bench additionally refused to accede to Uddhav Thackeray’s request of restraining the Shinde faction from taking on the celebration’s workplace and checking account in Parliament and state meeting. Remarking that there’s a contractual relationship between the events, the bench mentioned that the events can pursue alternate cures. 

“Any further action is not based on EC order. Then you have to pursue other remedies of law. We are entertaining the SLP but we can’t stay the order. It’s a contractual relationship within the party,” the CJI remarked. 

ALSO READ | Rs 2K cr deal struck to ‘purchase’ Sena identify & ballot image, alleges Raut

Furthermore, the bench additionally allowed the Thackeray faction to proceed utilizing the ‘Flaming Torch’ image and Shive Sena’s (Uddhav Balasaheb Thackeray) identify. ECI whereas allotting the celebration’s identify to the Shinde faction additionally allowed the Uddhav faction to retain the brand new identify and the image until the completion of bye-elections for 205- Chinchwad and 215- Kasba Peth of Maharashtra Legislative Assembly. 

Senior Advocate Kapil Sibal appeared for the Uddhav faction contended that though ECI’s order was based mostly on a majority check within the legislative wing Uddhav faction nonetheless holds the bulk in Rajya Sabha. 

“They had 40 and that’s how the symbol was given to them. The numerical count includes all MLAs and MLCs. We have the majority in Rajya Sabha,” Sibal mentioned. 

For the Shinde faction, Senior Advocate Neeraj Kishan Kaul contended that it was by no means its rivalry that the legislative celebration is just not an integral a part of the political celebration. “Till a disqualification is pending, MLA or MP has every right to vote and participate in the house. Same member of legislature party is also a member of a political party,” Kaul additional added. 

ALSO READ | Uddhav Thackeray faction of Shiv Sena strikes SC in opposition to EC’s choice

Terming ECI’s order as tainted and ex-facie inaccurate, Uddhav’s plea whereas in search of a keep acknowledged that the apex ballot physique has acted in a fashion that undermines its constitutional standing. It was additionally contended that ECI erred in holding that there’s a break up within the political celebration and has failed to understand that the Uddhav faction enjoys overwhelming help within the rank and celebration’s file. 

“The test of legislative majority adopted by the ECI could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting the Respondent. If in the disqualification proceedings, the legislators are held to be disqualified, there is no question of these legislators then forming a majority. Thus, the basis of the impugned order itself is constitutionally suspect,” the plea acknowledged. 

It was additionally acknowledged within the plea that the edifice of the ECI’s order was based mostly on the Shinde faction’s purported legislative majority which was a difficulty to be decided by the Constitution bench. 

Since ECI on Friday whereas permitting the Shinde faction to make use of the celebration’s identify & image “bow & arrow” had relied on the check of majority within the legislative meeting, the plea acknowledged that the legislative majority alone, on this case, couldn’t be the premise for passing its order. The apex ballot physique had famous that the result of the bulk within the legislative wing mirrored clearly qualitative superiority in Shinde’s favour.