The Supreme Court agreed to hear on July 31, a petition filed by Shiv Sena (UBT) leader Uddhav Thackeray, which challenged an order of the Election Commission (EC) granting the the party name and symbol of Shiv Sena to the Eknath Shinde group

The order was passed by the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha on Monday. 

The petition by Shiv Sena (UBT) accused Maharashtra Chief Minister Eknath Shinde of using the Shiv Sena symbol ‘illegally’.

The two factions of Shiv Sena have remained at loggerheads since June 2022, when Shinde broke away with 15 party MLAs and formed a government in Maharashtra with support from BJP, dislodging Uddhav Thackeray as the Chief Minister.

Uddhav Thackeray had earlier called the Election Commission granting Shiv Sena party name and symbol to Shinde camp as ‘theft’ and ‘murder of democracy’.

Earlier, former Maharashtra CM Thackeray had called the EC decision a “theft” and “murder of democracy,” and approached the top court seeking a stay on the order.

On July 8, Maharashtra Legislative Assembly Speaker Rahul Narwekar issued notice to 40 MLAs of Shinde-led Shiv Sena and 14 of Uddhav-led Shiv Sena (UBT), seeking their replies on the disqualification petitions pending against them.

Shiv Sena (UBT) MP Sunil Prabhu had filed an application in the Supreme Court on July 4,  seeking direction to the Maharashtra Legislative Assembly Speaker to expeditiously decide on disqualification pleas pending against rebel Sena MLAs led by Shinde. 

On February 17, the Election Commission had recognised the Shinde group as official Shiv Sena, permitting them to use the official ‘Bow and Arrow’ symbol and the name of ‘Shiv Sena’. 

The faction led by Uddhav Thackeray was allowed to use the name Shiv Sena (Uddhav Balasaheb Thackeray) and the symbol of flaming torch for the coming by-elections in Maharashtra Assembly. 

The Commission had stated that it applied the tests mentioned in the 1971 Supreme Court judgment in the Sadiq Ali vs Election Commission of India to come to its decision.

When the issue was raised before the Supreme Court in February, a three-Judge Bench comprising CJI Chandrachud, Justice Narasimha and Justice J.B. Pardiwala had refused to stay the Commission order at this juncture.

The post Supreme Court to hear Uddhav faction plea against Election Commission granting Shiv Sena party name, symbol to Shinde group on July 31 appeared first on India Legal.