The Supreme Court on Monday agreed to hear the plea filed by Uddhav Thackeray, leader of the Shiv Sena (UBT) party, challenging an Election Commission of India order that recognized the Eknath Shinde faction as the official Shiv Sena.
The matter was mentioned before a bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha.
The Uddhav Thackeray faction was allowed to use the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the symbol of a “flaming torch” for the upcoming bye-elections in the Maharashtra assembly.
The ECI stated that it applied the tests mentioned in the 1971 Supreme Court judgment in Sadiq Ali v. Election Commission of India to reach its decision.
In February, when the issue was brought before the Supreme Court, a three-judge bench, including Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, declined to stay the ECI order at that time.
However, the bench allowed the Uddhav Thackeray group to retain the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the symbol “flaming torch” during the pendency of the matter, as per paragraph 133(IV) of the ECI order. The ECI allowed this interim arrangement considering the bye-elections in the Maharashtra assembly scheduled for February 26.
The lawyers representing the Shinde group provided a verbal undertaking that they would not initiate precipitative action against the Uddhav Thackeray group by initiating disqualification proceedings.
However, this undertaking was not recorded in the order.
