New Delhi: The Supreme Court docket on Tuesday refused an pressing listening to on the Uddhav Thackeray faction’s plea difficult the Election Fee’s resolution to recognise the Eknath Shinde-led bloc as the actual Shiv Sena and allotting to it the ‘bow and arrow’ ballot image. Advocate Amit Anand Tiwari talked about the matter earlier than a bench headed by Chief Justice DY Chandrachud, in search of an pressing listening to.”Watch for the Structure bench on Jammu and Kashmir to recover from and we’ll give a date,” the bench, additionally comprising Justice JB Pardiwala and Justice Manoj Misra, mentioned.
The petition contended that the ballot panel erred in holding that disqualification underneath the Tenth Schedule and proceedings underneath the Symbols Order function in numerous spheres and that disqualification of MLAs isn’t based mostly on cessation of membership of a political celebration.
It additionally submitted that the ballot panel erred in holding that there was a break up within the Shiv Sena. Within the absence of any pleadings and proof that there was a break up in a political celebration, the findings of the Election Fee are utterly faulty on this floor, the plea acknowledged.
The petition mentioned the Thackeray faction has an amazing majority within the Pratinidhi Sabha — the apex physique representing the desires of major members and different stakeholders of the celebration. The plea mentioned the ballot panel has acted in a “biased and unfair method”.
It’s submitted that the Election Fee of India has did not discharge its duties as a impartial arbiter of disputes underneath para 15 of the symbols order and has acted in a fashion undermining its constitutional standing, the petition acknowledged.
The ballot panel had recognised the Eknath Shinde-faction as the actual Shiv Sena and ordered the allocation of the ‘bow and arrow’ election image of the undivided celebration based by the late Balasaheb Thackeray.
In a 78-page order on the protracted battle for management of the organisation, the fee allowed the Uddhav Thackeray faction to maintain the “flaming torch” ballot image allotted to it until the completion of the meeting byelections within the state.
The fee had mentioned the MLAs backing Shinde bought practically 76 per cent of the votes polled in favour of the 55 successful Shiv Sena candidates within the 2019 Maharashtra Meeting elections.
The MLAs within the Uddhav Thackeray camp bought 23.5 per cent of the votes polled in favour of the successful Shiv Sena candidates, the three-member fee had mentioned.
