Sena vs Sena: Plea in SC against EC\'s decision on \"Bow and Arrow\" dispute

Update: 2023-02-20 06:31 GMT
Supreme Court (Photo: ANI)

New Delhi: Uddhav Thackeray-led faction of Shiv Sena on Monday mentioned before the Supreme Court its plea seeking an urgent hearing on the petition challenging against Election Commission's move to allot the party name "Shiv Sena" and the symbol "Bow and Arrow" to the faction led by Maharashtra Chief Minister Eknath Shinde.

The Supreme Court on Monday asked the lawyer of Uddhav Thackeray-led faction of Shiv Sena to mention it tomorrow.

A bench led by Chief Justice of India DY Chandrachud observed that the plea seeking an urgent hearing on the petition was not mentioned in the list. The court said that the plea seeking an urgent hearing should have been on the mentioned list.

The court asked the lawyer to come tomorrow and mention it.
Senior Advocate Abhishek M Singhvi has mentioned the plea against EC's decision.

The plea was mentioned by the Uddhav Thackeray-led faction of Shiv Sena challenging against Election Commission's move to allot the party name "Shiv Sena" and the symbol "Bow and Arrow" to the rival faction led by Maharashtra Chief Minister Eknath Shinde.

Meanwhile, a Caveat application has been already filed by the Shinde group in Supreme Court over the matter. A Caveat application is filed by a litigant to ensure that no adverse order is passed against him or her without being heard.

Election Commission of India (ECI) on Friday allotted the party name "Shiv Sena" and the symbol "Bow and Arrow" to the faction led by Maharashtra Chief Minister Eknath Shinde.

Notably, both factions of Shiv Sena (Eknath Shinde and Uddhav Thackeray) have been fighting for the bow and arrow symbol of the party since Shinde (present Maharashtra Chief Minister) revolted against Thackeray last year.

While the Shinde faction welcomed the decision of being recognized as the real Shiv Sena, the Uddhav Thackeray faction said they would move the Supreme Court.

The Uddhav Thackeray faction accused the Election Commission of haste and said the decision shows "it works as BJP agent".

The Commission observed in its order that the current constitution of the Shiv Sena party is undemocratic and has been "mutilated to undemocratically appoint people from a coterie as office bearers without any election at all". It said such party structures fail to inspire confidence.

Calling the poll panel's decision as "murder of democracy", Uddhav Thackeray said he will approach the Supreme Court against the decision.

Last month, both the Maharashtra Chief Minister Eknath Shinde and former CM Uddhav Thackeray-led factions of the Shiv Sena submitted their written statements in support of their claims of control over the party name and symbol to the Election Commission.

The ECI had frozen the bow and arrow symbol of the Shiv Sena and had allotted the 'Two Swords and Shield symbol' to the Eknath Shinde faction of Shiv Sena and the 'flaming torch' (mashaal) election symbol was allotted to the Uddhav Thackeray faction for the bypoll in Andheri East assembly constituency in November last year.

However, exuding confidence in winning the election with the 'torch' symbol, former Maharashtra Chief Minister Uddhav Thackeray on Saturday challenged Maharashtra CM Eknath Shinde to contest the election with the "stolen bow and arrow", stating that the 'battle has begun'.

He further said that the thieves were given the holy "bow and arrow" and that this is their test.

"Thieves were given the holy 'bow and arrow', similarly the 'torch' (mashaal) can be taken away. I challenge them - if they are men, come in front of us even with the stolen 'bow and arrow', we will contest the election with the 'torch'. This is our test, the battle has begun," Thackeray said.

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