Freezing of election symbol: Uddhav appeals against dismissal of plea

In June this year, Shinde had walked out of the original Shiv Sena with over 40 of the party’s 55 MLAs on the ground that Thackeray had deviated from the Shiv Sena’s core ideology of Hindutva by entering into an alliance with the Congress and NCP.

Former Maharashtra chief minister Uddhav Thackeray on Tuesday moved the Delhi high court challenging the decision of a single judge dismissing his plea against the freezing of his “bow and arrow” party symbol by the Election Commission of India (ECI).

Former Maharashtra chief minister Uddhav Thackeray on Tuesday moved the Delhi high court challenging the decision of a single judge dismissing his plea against the freezing of his “bow and arrow” party symbol by the Election Commission of India. (Agencies)

In June this year, Shinde had walked out of the original Shiv Sena with over 40 of the party’s 55 MLAs on the ground that Thackeray had deviated from the Shiv Sena’s core ideology of Hindutva by entering into an alliance with the Congress and NCP. Thackeray subsequently resigned from the post of chief minister.

The ECI, in its October 8 interim order, had barred the Shiv Sena factions led by Thackeray and Shinde from using the party name and election symbol in the Andheri East assembly by-poll.

Challenging this decision in the HC, Thackeray had said that the ECI order should be set aside, as it had been passed in “complete violation of the principles of natural justice”, without granting any hearing to the parties and without granting an opportunity to give evidence.

However, his plea was dismissed on November 15 by justice Sanjeev Narula, even though he directed the poll body to decide the dispute “expeditiously”.

Challenging this order, Thackeray in his appeal, said that the single-judge failed to appreciate that the EC’s order is “patently illegal, without jurisdiction and unsustainable, both in law and on facts”. It said that in passing the order of freezing, the commission has proceeded on the assumption that there are two factions of Shiv Sena party.

The plea argues that it cannot be said that there are two factions in the party as Thackeray continues to be “rightfully elected president”, a fact admitted even by chief minister Eknath Shinde.

Thackeray has further said that the ECI has exercised its jurisdiction without taking note of the disqualification proceedings pending before the apex court against Shinde and other MLAs of his camp.