Uddhav Thackeray takes Shiv Sena name, symbol battle to SC; showdown today

Former Maharashtra Chief Minister Uddhav Thackeray to Supreme Court the battle of the ‘Shiv Sena’ party name and ‘bow and arrow’ symbol, which was allotted to the Eknath Shinde-led bloc by the Election Commission. The Supreme Court will hear the Uddhav Thackeray faction's plea challenging the decision of the Election Commission recognising the Eknath Shinde-led group as the “real” Shiv Sena.

The Uddhav Thackeray faction's representative, senior advocate Kapil Sibal, on Tuesday, 21 February, brought up the matter before a bench comprising Chief Justice DY Chandrachud, and Justices Krishna Murari and PS Narasimha.

Requesting the Supreme Court bench to list the hearing for tomorrow, 22 February, Kapil Sibal said if the EC order is not halted, they will acquire both the symbol and bank accounts. He said, “If the EC order is not stayed, then they will take over the symbol and the bank accounts. Please list it tomorrow before the Constitution bench,” Kapil Sibal requested the bench.

The Supreme Court has agreed to hear the matter at 3:30 pm tomorrow.

WHAT DOES THE PETITION SAY?

The plea filed by the Thackeray camp stated the points raised in the petition have a direct bearing on the issues which are being considered by the SC's 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.

The plea also mentioned that the Election Commission has faulted in holding that there was a split in the Shiv Sena.

According to the petition, the Thackeray faction holds an immense majority in the Pratinidhi Sabha. Pratinidhi Sabha serves as a body that represents the desires of party members and other stakeholders. It alleges that the commission has acted in a “biased and unfair manner”.

WHY DID THACKERAY TAKE EC TO COURT?

The Election Commission on Friday recognised the Eknath Shinde-led faction as the “real” Shiv Sena and also allotted the “bow and arrow” symbol to it that has traditionally been with the Thackerays.

Both the factions of Shiv Sena led by former CM Uddhav Thackeray and incumbent CM Eknath Shinde had been sparring, claiming the party name and the symbol belongs to them, ever since Eknath Shinde revolted against Uddhav Thackeray-led government last year.

This resulted in Uddhav Thackeray challenging the Election Commission decision in the Supreme Court. The case will be heard tomorrow, 22 February.