SC to hear Uddhav Thackeray's plea against EC order on Shiv Sena's name, symbol to Shinde faction

The top court had on February 22 sought the response of the Shinde faction and the Election Commission on Thackeray's plea.

In his application, Thackeray said the matter required urgent hearing as the impugned order is completely illegal in view of the recent Constitution bench judgment of the top court pronounced on May 11.

The apex court, in a unanimous judgment, had held the then Maharashtra Governor B S Koshyari's direction to Thackeray for a trust vote was illegal. It, however, said the court cannot reinstate Uddhav Thackeray as the chief minister because he had resigned instead of facing the trust vote.

Speaking to reporters in Amravati, Thackeray said on Monday the Election Commission (EC) can allot an electoral symbol to a party, but it does not have powers to change the name of a party.

"Further, elections are imminent, and respondent No. 1 (Shinde) is illegally using the party name and symbol," the application seeking urgent listing of the matter said.

It said on February 22, while issuing notice in the matter, the top court had directed it to be listed after three weeks. However, it did not get listed.

On February 17, the Election Commission had allotted the name Shiv Sena and its poll symbol bow and arrow to the group led by the now Maharashtra Chief Minister Eknath Shinde.

In a jolt to the Uddhav Thackeray camp, the apex court had on February 22 refused to stay the Election Commission's order recognising the Shinde-led bloc as the real Shiv Sena.

The top court, while issuing notice to the Shinde group on the appeal against the poll panel’s decision, had permitted the Thackeray faction to use the name 'Shiv Sena (Uddhav Balasaheb Thackeray)' and a 'flaming torch' as poll symbol in state by-elections scheduled for February 26.

"Pending further orders, the protection (on use of party name and flaming torch symbol) which has been granted in paragraph 133 (IV) of the impugned order of the Election Commission dated Feb 17, 2023, shall continue to remain in operation," the bench headed by Chief Justice D Y Chandrachud had ordered on February 22.

It, however, had not granted 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.

The apex court, while refusing to grant the interim relief of status quo on properties and bank accounts, had said though it was entertaining Thackeray's plea, it cannot "stay an order at this stage as they have succeeded before the EC".