Shiv Sena faction led by Uddhav Thackeray filed a petition in Supreme Court on Monday seeking to stay the Election Commission’s proceedings on Eknath Shinde-faction’s plea for recognition as the ‘real’ Shiv Sena. Shiv Sena faction led by Thackeray, in his petition, said that the ECI cannot decide on this till there is a decision on disqualification of rebel MLAs.
The petitioner said that if the ECI is allowed to proceed with the proceedings initiated by it on 22 July, it would not only precipitate issues but also would impede consideration by this Court.
It would also cause irreparable injury to the Applicant/Petitioner as the Respondents are by way of proceedings before the ECI seeking to alter the status quo Vprevailing, the plea added.
Having regard to the majesty and the sanctity of proceedings before this Court, ECI was requested not to proceed in the matter. The ECI was also informed that since the very status of the persons making the Petition before it as Members of the Legislative Assembly is currently indeterminate and said the issue is itself pending decision before this Court, these persons cannot be considered as MLAs of Shiv Sena
and their claim or affidavits in this regard cannot be relied upon. Therefore, the ECI should not proceed with the matter at this stage, the plea said.
Despite being asked not to precipitate the matter and stay its hand, the ECI has decided to initiate proceedings under Symbols Order on petition of Shinde and has issued notice to Thackeray. Shinde herein, without taking into account the proceedings before this Court as well as the oral observation, to maintain the status quo and in complete disregard of the sanctity of proceedings pending before this
Court and the role expected of the ECI as a Constitutional Authority, the plea added.
The ECI asked Thackeray and Shinde to provide documentary proof that they have the majority members in the Shiv Sena on 22 July. They will have to submit the evidence by 1 pm on 8 August 2022.
In its letter to the Election Commission, the Shinde faction has claimed to be the “real Shiv Sena” and has sought the right to use the bow and arrow symbol of the party.