New Delhi [India]: The Supreme Court on Tuesday said that it will list for hearing a plea filed by Shiv Sena (UBT) leader, Uddhav Thackeray, challenging an Election Commission of India (ECI) order regarding allotment of the party name ‘Shiv Sena’ and symbol ‘bow and arrow’ to the faction led by Maharashtra Chief Minister Eknath Shinde, after the conclusion of Constitution bench hearing on Article 370.
A bench of Chief Justice of India DY Chandrachud with Justices JB Pardiwala and Manoj Misra said that the hearing on the plea would require time for a final decision. “This cannot be decided in 2 minutes. Let Article 370 get over, we will list it,” said CJI.
The court said this after an advocate who represented former Maharashtra Chief Minister Uddhav Thackeray mentioned the matter saying the plea require an early hearing.
He said that the issue was already covered by the Constitution bench judgement in the Maharashtra Politics crises case.
The bench, however, said from tomorrow it will begin hearing of pleas against the abrogation of Article 370 of the Constitution and thereafter it will hear the Thackeray group’s plea.
The matter was earlier posted for hearing on July 31.
The Uddhav Thackeray-led group of Shiv Sena had filed a plea against the Election Commission of India’s order allotting the party name and symbol ‘bow and arrow’ to the now Chief Minister Eknath Shinde-led faction.
The petitioner, who filed an application in February before the apex court earlier, said the matter requires an urgent hearing as the order is completely illegal in view of the recent Constitution bench judgement of the top court pronounced on May 11.
On February 17, the Election Commission allotted the name ‘Shiv Sena’ and its poll symbol ‘bow and arrow’ to the group led by Shinde.
The Uddhav Thackeray faction was allowed to use the name ‘Shiv Sena (Uddhav Balasaheb Thackeray)’ and the symbol of ‘flaming torch’ for the upcoming bye-elections in Maharashtra assembly. The Election Commission had allowed that interim arrangement in view of the bye-elections in the Maharashtra assembly, scheduled to take place on February 26.
In its application, the Thackeray group said that the order of the Election Commission was “completely illegal” in view of the Constitution bench judgment of the Supreme Court in May directing the Maharashtra Assembly Speaker to go ahead with the disqualification proceedings against Shinde for defection.
Last year, the top court had allowed the Election Commission to decide which faction between Thackeray and Shinde be recognised as the ‘real’ Shiv Sena party and allotment of the ‘bow and arrow’ symbol.
The petitioners contended that the Election Commission had failed in its duties as a “neutral arbiter of disputes” under the Election Symbols (Reservation and Allotment) Order of 1968.
