Shiv Sena's Thackeray faction moves SC against EC decision, alleges bias

The Uddhav Thackeray faction on Monday approached the Supreme Court challenging the decision of the Election Commission recognising the Eknath Shinde-led bloc as the real Shiv Sena and allotting the 'bow and arrow' poll symbol to it.

Senior advocate Abhishek Manu Singhvi mentioned the matter before a bench headed by Chief Justice DY Chandrachud for an early listing of the petition. The CJI, however, refused to pass any order.

"The rule applies equally to all, whether left, right, or centre. Come tomorrow through the proper process," the bench said. The plea filed by the Thackeray faction stated the points raised in the petition have a direct bearing on the issues which are being considered by the Constitution bench.

The petition contended the poll panel erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political party.

It also submitted that the Election Commission has erred in holding that there was a split in the Shiv Sena. In the absence of any pleadings and evidence that there was a split in a political party, the finding of the ECI is completely erroneous on this ground, the plea said.

The petition said the Thackeray faction has an overwhelming majority in the Pratinidhi Sabha, which is the apex body representing the wishes of the primary members and other stakeholders of the party.

The plea said the poll panel has acted in a "biased and unfair manner". It is submitted that the ECI has failed to discharge its duties as a neutral arbiter of disputes under para 15 of the order of the symbols and has acted in a manner undermining its constitutional status," the petition said.

The poll panel had on Friday recognized the Eknath Shinde-faction as the real Shiv Sena and ordered the allocation of the bow and arrow election symbol of the undivided party founded by the late Balasaheb Thackeray to it.

In a 78-page order on the protracted battle for control of the organization, the Commission allowed the Uddhav Thackeray faction to keep the "flaming torch" poll symbol allotted to it till the completion of the assembly by-polls in the state.

The Commission said the MLAs backing Shinde got nearly 76 per cent of votes polled in favour of the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections. The MLAs in the Uddhav Thackeray camp got 23.5 per cent of the votes polled in favour of the winning Shiv Sena candidates, the three-member Commission said.