Shiv Sena name, symbol row: Supreme Court refuses stay on EC order in setback for Uddhav Thackeray

The Supreme Court declined to grant a stay on the Election Commission's order, stating that the court “cannot stay an order at this stage”, days after the Election Commission issued an order recognising the Eknath Shinde-led bloc as the “real” Shiv Sena and also allotted the “bow and arrow” symbol to it. The Supreme Court further clarified that if any action is taken that is not based on the EC order, the Uddhav Thackeray camp has the option to pursue other legal remedies.

A bench headed by Chief Justice D Y Chandrachud took note of the submissions of senior advocate Kapil Sibal, appearing for Thackeray, and sought response of the faction led by Maharashtra Chief Minister Shinde.

The Supreme Court has also issued a notice to the Eknath Shinde camp regarding the petition filed by Uddhav Thackeray against the Election Commission's order. The court has instructed the Shinde camp to submit a response to the petition.

The counsel for the Shinde faction told the bench, also comprising Justices P S Narasimha and J B Pardiwala, that it will not issue any whip or initiate process to disqualify the lawmakers of the Thackeray faction in the meantime.

“All right, issue notice. The counter affidavit will be filed within two weeks,” the bench said.

The Supreme Court of India refused to stay EC order which recognised the Eknath Shinde faction as ‘real’ Shiv Sena.

The Election Commission of India last week recognized the Shinde faction as the real Shiv Sena, and allotted it the poll symbol of the party, bow and arrow. The rival factions led by Shinde and former CM Uddhav Thackeray have been locked in legal battles over the control of the Shiv Sena.

Shinde's revolt against Thackeray's leadership last June brought down the Thackeray-led Sena-Congress-NCP government in Maharashtra. Thackeray camp has filed a petition in the Supreme Court challenging the validity of Shinde group's defection and the way the Shinde-led government was formed with the support of the Bharatiya Janata Party.

(With agency inputs)