From our beureo
NEW DELHI: Former Maharashtra Chief Minister Uddhav Thackeray faction on Monday moved Delhi High Court against the Election Commission’s order freezing the Shiv Sena symbol of “bow and arrow” to both the factions, including one led by Chief Minister Eknath Shinde.
In an alternative, his faction has sought a direction to the EC to allot it one of the three symbols proposed, instead of restricting the choice of symbol from the list of free symbols notified by it under the Symbol Order. On Sunday, he submitted three symbols of Trishul, Rising Sun and Mashaal (flaming torch) and sought any of the three names: Shiv Sena (Balasaheb Thackeray), Shiv Sena (Balasaheb Prabodhankar Thackeray) or Shiv Sena (Uddhav Balasaheb Thackeray.)
On October 8, the EC had directed both the factions not to use the name “Shiv Sena” or symbol “bow and arrow” till the claims of the rival factions for the official recognition are finally decided. It had asked them to suggest three symbols from the list of free symbols. The Thackeray group suggested three symbols which are not in the official list of the free symbols.
The petition has asserted that restricting Thackeray from selecting a symbol from a limited list of symbols “strike at the very root of his entitlement to choose or propose a symbol of his own choice.”
In a related development, Eknath Shinde faction spokesman Naresh Mhatre said: “We want the bow and arrow as our symbol. We are consulting the legal experts who are studying the EC decision. CM Eknath Shinde will take the decision. We are having a meeting Saturday night to discuss our future course.”
The petition also asserted that the impugned order was passed on a false apprehension that candidates of both the groups may file their nomination forms seeking to contest the Andheri East by-elections under the same symbol.
It reads: :The same is an erroneous premise as it is clearly known through the media reprots that no candidate from the group led by Respondent No 2 (Eknath Shinde) is contesting the said by-poll and therefore such a situation will not arise.”
It says the EC failed to consider the fact that from July 19 to October 8, there had been no change in circumstances regarding the claim set up by both the groups in respect of majority and control of the party. It said there was no reason to change the existing status quo regarding the name and symbol of Thackeray just because a by-election was announced for Andheri East, wherein Eknath Shinde or his group are not even setting up any candidate.
“Respondent No. 2.(Eknath Shinde) in the guise of espousing a grievance under para 15 of the Symbols Order, has prayed to set aside the order of his removal from the post of the group leader of the Shiv Sena Legislative Party. It is respectfully submitted that such a relief cannot be granted by respondent No 1, as the same does not fall within the jurisdiction vested with Respodent No 1 (EC) under para 15 of the Symbols Order,” the plea added.
On September 27, a Constitution Bench of the Supreme Court had rejected a plea made by the Uddhav group seeking a stay of the proceedings before the EC initiated by Shinde.
A petition moved through advocates Vivek Singh, Devyani Gupta and Tavi Anand, has challenged the EC’s order on the ground that it has completely violated the principle of natural justice, without granting any hearing or opportunity to lead the evidence.
“In the present case, without affording an opportunity to be heard despite an application of the Petitioner requesting oral hearing, Respondent No. 1 displayed undue haste and passed the order freezing the symbol of “Bow and Arrow” of the political party Shv Sena led by the petitioner, which symbol is intrinsically identified with it, having been used by it since the inception of the party in 1966,” said the petition.
