The Supreme Court in the case observed wherein the plea is moved by Shiv Sena, UBT leader Uddhav Thackeray challenging an Election Commission of India, ECI order which is being recognized by the Eknath Shinde faction as the official Shiv Sena.
The bench comprising of CJI DY Chandrachud and Justice PS Narasimha was hearing the present matter.
In the present case, the ECI had recognised the group of Eknath Shinde as official ‘Shiv Sena’, wherein the court allowed them to use the official Bow And Arrow and the Shiv Sena name. Therefore, the Uddhav Thackeray faction was allowed to use the name Shiv Sena, Uddhav Balasaheb Thackeray and also the symbol of flaming torch for the upcoming bye-elections in Maharashtra assembly. It has also been stated by ECI that it applied the tests which are mentioned in the Supreme Court judgement in the case Sadiq Ali v. Election Commission of India to come to its decision in the year 1971.
The court observed when the said issue was raised before the court that the Supreme Court in the month of February, wherein the 3-judge bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala in the case observed and has refused to stay the ECI order at this juncture. The bench however permitted Uddhav group to retain the name shiv sena, the Uddhav Balasaheb Thackeray and the symbol of flaming torch in terms of paragraph 133(IV) of the ECI order which being during the pendency of the matter.
Further, the EC in the case observed and has allowed that interim arrangement in view of the bye-elections in Maharashtra assembly and which is scheduled to take place on February 26. Therefore, the lawyers of Shinde group also gave a verbal undertaking that they will not take precipitative action against Uddhav group by issuing disqualification proceedings, thus, the undertakings was not recorded in the said order.
Accordingly, the court listed the matter to be next heard on July 31, 2023.
