The Supreme Court on Friday dismissed the petition filed by Mumbai-based lawyer Dr Ashish Giri seeking the transfer of all movable and immovable property belonging to the Uddhav Thackeray-led Shiv Sena (UBT) to the Shinde faction, which is now recognized as the official Shiv Sena by the Election Commission of India (ECI).
The case was assigned to a bench consisting of CJI DY Chandrachud and Justice PS Narasimha.
“This is an Article-32 petition. How is this 32-petition maintainable?” CJI questioned.
Advocate Ashish Giri replied that an SLP had been filed before the Supreme Court. CJI stated the Uddhav group filed a Special Leave Petition challenging the Election Commission’s order recognising the Shinde faction.
“Who do you think you are to file this? Such directives are not permissible. Dismissed,” the CJI told the petitioner.
The petition was filed in order to prevent the Uddhav Thackeray group from alienating Shiv Sena assets, both moveable and immovable. The assets, it contended, should be transferred to the new party president.
“All Shiv Sena movable and immovable assets, as well as frontal organisations and aligning organisations, be transferred to the new party president in accordance with the order of ECI,” it stated.
The counsel further added that the cash and assets of any political party were accumulated by all of its employees and leaders, and that there is no personal gain or right of any group if the party is divided into two or more factions.
The plea further added, “The original party name and its symbol are given to any group by the Election Commission of India, the funds, assets, and moveable and immovable property should be kept with the original party. Any political party’s leader cannot keep its assets, both movable and immovable, personally and cannot divert them to other accounts or names.”
