In a setback for Uddhav Thackeray, the Supreme Court on Wednesday refused to stay the Election Commission’s order recognising the Eknath Shinde-led faction as the real Shiv Sena and allocating it the “bow and arrow” poll symbol. The apex court also issued a notice to the Shinde group on the appeal against the poll panel’s decision.
While hearing the petition filed by former Maharashtra Chief Minister Uddhav Thackeray today, the top court permitted the Thackeray faction to use ‘Shiv Sena (Uddhav Balasaheb Thackeray)’ name and ‘flaming torch’ as a poll symbol in state byelections scheduled for February 26.
It refused to grant the interim relief of status quo on properties and bank accounts and said though it was entertaining the plea of Thackeray, it cannot “stay an order at this stage as they have succeeded before the EC.”
The legal battles began soon after Shinde’s revolt brought down Maha Vikas Aghadi (MVA) government led by Thackeray in June last year.
No Relief for Uddhav Thackeray Camp
The Supreme Court did not grant any relief to the Thackeray camp despite its vehement submissions that the assets of the party and its bank accounts be saved from being taken over by the Shinde faction.
Senior advocate Kapil Sibal, assisted by lawyer Amit Anand Tiwari, urged the court on Thackeray’s behalf that a status quo order on party properties and bank accounts be granted as the Shinde faction is taking over everything on the ground that now they are the real Shiv Sena.
Does the (EC) order contain any direction with regard to bank accounts and properties? asked the bench, which also comprised Justices P S Narasimha and J B Pardiwala.
“No, no,” replied Sibal, adding, “but, they will say that they are the real party and will take over everything. Rather, they are doing that”.
“Mr Sibal, if something is part of the Election Commission order we can certainly look at. This does not form… The EC order is confined to the allotment of symbols. Now for us to go beyond is not possible … equally, now they have succeeded after hearing before the Election Commission, we cannot pass an order which has the effect of staying the order without hearing them,” the bench said.
However, there was some positive outcome for the Thackeray faction as senior advocate N K Kaul, appearing for the Shinde bloc, assured the bench it will not take steps like issuing whip or initiation of disqualification proceedings against lawmakers – MLAs, MLCs and MPs – of the Thackeray faction for the time being.
The assurance came after senior advocate A M Singhvi, also appearing for Thackeray, raised apprehension, saying “Tomorrow, if they issue a whip or a letter and if we do not do it then we will be disqualified. Now they are the party. I have no protection. Your lordships should give us the status quo at least.” This led the bench to ask: “If we take this (petition for hearing) after two weeks, are you in the process of issuing a whip or disqualifying them.” “No, no,” responded Kaul.
Shinde to Remain ‘Chief Leader’ of Shiv Sena
Maharashtra Chief Minister Eknath Shinde will remain the “chief leader” of the Shiv Sena, it was decided at its first national executive meeting held in Mumbai on February 21.
The top court had on Tuesday agreed to hear the plea of the Thackeray camp against the Election Commission’s decision.
The poll panel had on Friday recognised the Eknath Shinde-faction as the real Shiv Sena and ordered allotment of the bow and arrow election symbol of the undivided party founded by the late Balasaheb Thackeray to it.
In a 78-page order on the protracted battle for control of the organisation, the Commission allowed the Uddhav Thackeray faction to keep the ‘flaming torch’ poll symbol allotted to it till the completion of the assembly by-polls in the state.
The Commission said the MLAs backing Shinde got nearly 76 per cent of votes polled in favour of the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections.
The MLAs in the Uddhav Thackeray camp got 23.5 per cent of the votes polled in favour of the winning Shiv Sena candidates, the three-member Commission said.
(With PTI inputs)
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