Uddhav faction contests Shinde group’s claim on Shiv Sena symbol in SC

Desai pointed out that when the petition was taken up by the SC on July 11, the bench had orally directed the Speaker of the Maharashtra Legislative Assembly not to proceed further on the disqualification petitions pending before him and to keep the same in abeyance. Thereafter on July 20, the counsel appearing for Speaker had assured the court that no further proceedings will be conducted in the matter of disqualification under the Tenth Schedule following which the matter was fixed for final hearing in the first week of August.

However, in the meantime, the Election Commission of India “purportedly…initiated proceedings” under Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968, “interalia seeking to be recognised as the ‘real Shiv Sena’ by the ECI, and are claiming the right to use the election symbol ‘bow and arrow’.”

Desai further said he had urged the ECI not to proceed with the matter or take any precipitative action “as substantially similar matters are pending” before the SC. The plea pointed out that the SC’s oral observation to maintain status quo was also brought to the notice of the Commission.

He pointed out that since the very status of the persons who had moved the ECI as MLAs “is currently indeterminate and said the issue is itself pending before” the SC, “these persons cannot be considered as MLAs of Shiv Sena and their claim or affidavits in this regard cannot be relied upon, and therefore,” the Commission “should not proceed with the matter at this stage”.

Desai contended that despite this, the ECI had on July 22 issued notice to Uddhav Thackeray and him on a petition by Shinde and some others, seeking to be recognised as the “real Shiv Sena” by the ECI, and claiming the right to use the election symbol ‘bow and arrow’.

This is “in complete disregard of the sanctity of proceedings” pending before the SC “and the role expected of the…ECI as a constitutional authority,” he said and sought a stay on the proceedings before the Commission.

The application added “it may not be out of place to mention that the respondents, despite the matter being pending before this Hon’ble Court, in acts of desperation, and to somehow portray a majority are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation. It is submitted that the private respondents have been indulging in several illegal activities contrary to the Constitution of the Shiv Sena”.