New Delhi: The Supreme Court allowed Tuesday the Election Commission (EC) to go ahead with the hearing of Maharashtra Chief Minister Eknath Shinde group’s plea seeking recognition as the ‘real’ Shiv Sena and allocation of the party’s bow-and-arrow poll symbol to it. Justice DY Chandrachud, heading a constitution bench of the Supreme Court, rejected the plea of the Uddhav Thackeray-led faction. It has sought to restrain the EC from deciding the state’s ruling Shinde camp;s claim over the ‘original’ Shiv Sena.
“We direct that there would be no stay of the proceedings before the Election Commission,” the Supreme Court the bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha said.
Senior advocate Kapil Sibal had appeared for the Thackeray faction. He challenged Shinde’s locus to approach the poll panel seeking claim over the party and its election symbol. Sibal submitted the ‘Election Symbol Order’ can be invoked only when the claimant belongs to the same political party but claims to be of a rival group.
“I am saying Shinde is no longer in the party and membership has been given up. How does the EC hear him then?” Sibal said. He referred to the disqualification notice issued against Shinde and some other Shiv Sena MLAs who had rebelled against then Chief Minister Uddhav Thackeray in June this year.
Senior advocate Arvind Datar, appeared for the poll panel. It told the Supreme Court bench that the Election Commission is free to decide who constitutes the aspect of majority.
Solicitor General Tushar Mehta, appearing for Maharashtra Governor BS Koshiyari, contended the Election Commission is only deciding which faction is the ‘real’ party and so it should be allowed to proceed with Shinde’s plea.
Shinde group’s counsel and senior advocate NK Kaul submitted that an election symbol is not the property of an MLA and to which faction it belongs has to be decided by the Election Commission. He asserted the poll panel cannot be prevented from taking any decision on the issue.
The bench was hearing pending cases related to the political crisis in Maharashtra that began with Shinde group’s revolt against Uddhav Thackeray’s leadership which led to the fall of the three-party Maha Vikas Aghadi (MVA) government in Maharashtra.
The bruising political battle had resulted in a slew of petitions getting filed in the Supreme Court by the rival factions. The apex court referred all those to a five-judge bench August 23. It said the conflict had raised several constitutional questions related to defection, merger and disqualification.
Earlier the Supreme Court had asked the EC not to pass any orders on the Shinde faction’s plea. However, it lifted the bar Tuesday.
