SC to hear tomorrow Uddhav’s plea challenging EC order that recognises Shinde faction as ‘real’ Shiv Sena

The court, however, pointed out that since it will, from Tuesday, be hearing the petitions filed by the Shinde and Thackeray camps in the wake of last year’s political fallout, it did not want to disturb that bench and would take up the fresh plea Wednesday afternoon. The CJI also said the judges had not read the file and would like to read it before taking it up for hearing.

In his petition, Thackeray contended that the EC could not have relied on the legislative majority test as disqualification proceedings against Shinde’s supporters are still pending. If disqualified, the Shinde faction would not have a legislative majority, he said.

Stating that he enjoys majority in the Legislative Council and Rajya Sabha, Thackeray said that in a situation where there is a conflict in the legislative majority, along with the possibility of some of the members losing their membership, the legislative majority alone is not a safe guide for the purpose of adjudicating a petition under para 15 of the Symbols Order. Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968, deals with the EC’s powers regarding splinter groups or rival factions of a recognised party.

Accusing the EC of acting in a biased and unfair manner, the plea said the poll panel had failed to discharge its duties as a neutral arbiter of disputes under Para 15 of the Symbols Order, and had undermined its constitutional status.

Thackeray also contested the EC’s findings that the party constitution was “undemocratic”. He said there was absolutely no challenge to the provisions of the party constitution till the matter was being heard, when, for the first time, an objection was raised about the validity of the amended constitution.

As there was no challenge, he never had the opportunity to rebut it, he said. Shinde too was appointed as a Shiv Sena deputy leader under the amended party constitution of 2018, he said. Having reaped its benefit for four years, he cannot now turn back and challenge the constitution, he said.