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This is an archive article published on February 19, 2023

‘EC verdict can be challenged in SC under exceptional circumstances’

“If any dispute arises concerning the symbol, the EC has to settle the row. But the aggrieved party can challenge the matter in Supreme Court in exceptional circumstances.”

Legal expert Nikam said the EC allots a symbol to a political party based on the Election Symbols (Reservation and Allotment) Order, 1968.  (Express Photo)Legal expert Nikam said the EC allots a symbol to a political party based on the Election Symbols (Reservation and Allotment) Order, 1968. (Express Photo)
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‘EC verdict can be challenged in SC under exceptional circumstances’
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FOLLOWING THE Election Commission’s verdict on Shiv Sena name and symbol, legal experts have said that even though the poll panel’s verdict in the matter is final, it can be challenged in the Supreme Court under exceptional circumstances. Some also questioned the timing of the EC verdict which comes just days before the top court is set to decide on disqualification case against 16 MLAs.

When asked whether Uddhav Thackeray led Sena can challenge the EC ruling, legal expert Ujjwal Nikam, who has appeared for the state government in several high-profile cases, said, “Though the EC verdict in this matter is final, it can be challenged in the Supreme Court in exceptional circumstances… Every individual or party in this country has the constitutional right to challenge any order in the higher court.”

Nikam said the EC allots a symbol to a political party based on the Election Symbols (Reservation and Allotment) Order, 1968. “If any dispute arises concerning the symbol, the EC has to settle the row. But the aggrieved party can challenge the matter in Supreme Court in exceptional circumstances.”

Constitutional expert Ulhas Bapat said EC has committed a grave mistake by giving a decision even before the SC could decides disqualification case of 16 MLAs. “The Supreme Court is set to continuously hear the disqualification matter from February 21. It is likely to deliver the verdict in a few days. In such a case, the EC should have waited for the SC decision and could have given its decision after the one given by the Apex court. It should have had that maturity…”

Manoj More has been working with the Indian Express since 1992. For the first 16 years, he worked on the desk, edited stories, made pages, wrote special stories and handled The Indian Express edition. In 31 years of his career, he has regularly written stories on a range of topics, primarily on civic issues like state of roads, choked drains, garbage problems, inadequate transport facilities and the like. He has also written aggressively on local gondaism. He has primarily written civic stories from Pimpri-Chinchwad, Khadki, Maval and some parts of Pune. He has also covered stories from Kolhapur, Satara, Solapur, Sangli, Ahmednagar and Latur. He has had maximum impact stories from Pimpri-Chinchwad industrial city which he has covered extensively for the last three decades.   Manoj More has written over 20,000 stories. 10,000 of which are byline stories. Most of the stories pertain to civic issues and political ones. The biggest achievement of his career is getting a nearly two kilometre road done on Pune-Mumbai highway in Khadki in 2006. He wrote stories on the state of roads since 1997. In 10 years, nearly 200 two-wheeler riders had died in accidents due to the pathetic state of the road. The local cantonment board could not get the road redone as it lacked funds. The then PMC commissioner Pravin Pardeshi took the initiative, went out of his way and made the Khadki road by spending Rs 23 crore from JNNURM Funds. In the next 10 years after the road was made by the PMC, less than 10 citizens had died, effectively saving more than 100 lives. Manoj More's campaign against tree cutting on Pune-Mumbai highway in 1999 and Pune-Nashik highway in 2004 saved 2000 trees. During Covid, over 50 doctors were  asked to pay Rs 30 lakh each for getting a job with PCMC. The PCMC administration alerted Manoj More who did a story on the subject, asking then corporators how much money they demanded....The story worked as doctors got the job without paying a single paisa. Manoj More has also covered the "Latur drought" situation in 2015 when a "Latur water train" created quite a buzz in Maharashtra. He also covered the Malin tragedy where over 150 villagers had died.     Manoj More is on Facebook with 4.9k followers (Manoj More), on twitter manojmore91982 ... Read More


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