Shiv Sena leader Uddhav Thackeray on Monday moved the Delhi High Court seeking quashing of a recent order of the Election Commission (EC) freezing his party name and the election symbol ‘bow and arrow’ for the Andheri East bypoll.
The former Chief Minister of Maharashtra, in his petition, contended that the EC’s October 8 order was passed in complete violation of principles of natural justice as the parties and its members were not given a hearing.
On October 8, the EC decided that the two factions of the Shiv Sena, one led by Mr. Thackeray and the other by Maharashtra Chief Minister Eknath Shinde, would not be allowed to use the party name and symbol for the Andheri East by-poll and till the commission passed a final order on the dispute between them.
Different names
In the interim order, the EC said both the groups would be known by different names of their choosing and would be allotted alternative symbols from the list of free symbols notified by the commission for the current by-polls. The two sides were asked to submit the alternative names and symbols to the EC by October 10, 1 p.m.
The order came amid the ongoing tussle between the rival Sena factions led by Mr. Thackeray and Mr. Shinde.
In his petition, Mr. Thackeray said the EC displayed undue haste and passed the order. He sought quashing of the EC order or, in the alternative, sought directions to consider and allot the symbol proposed by him without restricting the choice of symbol from the list of free symbols notified by the commission.
“Since the by-election has been notified in Maharashtra for 166-Andheri East constituency for which the last date of nominations is October 14, 2022 and the date of poll is November 3, grave prejudice will be caused to the petitioner [Mr. Thackeray] and his party if the impugned order is not stayed,” the petition said.
“Respondent no. 2 [Mr. Shinde] himself admits and accepts that the petitioner has been elected as the President [Shivsena Paksha Pramukh] and that the petitioner till date continues to occupy the post of the President of Shiv Sena, and that under the Constitution of Shiv Sena, it is the President who is the highest authority in the party, whose decisions in all matters concerning the party policy and party administration are final,” the plea said.
The plea added that the party symbol was developed, designed and copyrighted by the late Balasaheb Thackeray.
Choice of symbols
Mr. Thackeray, under protest and without prejudice to his right to challenge the order freezing the bow and arrow symbol, has proposed three symbols of his own choice (which do not find a place in the list of free symbols) in the order of preference.
He has proposed three symbols for itself in the Andheri East bypoll — trishul (trident), a mashaal (torch) and the ‘rising sun’.
He asked the High Court for a suitable direction to the EC to consider and allot the first preference if available, and if not, then the second preference, and similarly, if the same is not available, then third preference indicated by him.
“In the instant case, restricting the petitioner from selecting a symbol from a limited list of symbols strikes at the very root of the entitlement of the petitioner to choose or propose a symbol of his own choice,” the plea said.
Late last month, in a blow to Mr. Thackeray, a Constitution Bench of the Supreme Court allowed the EC to go ahead and decide on Maharashtra Chief Minister Shinde’s claim that his faction represents the “real” Shiv Sena party.
