Shiv Sena's Thackeray faction moves SC against EC decision, alleges bias

The Uddhav Thackeray faction on Monday approached the Supreme Court challenging the decision of the Election Commission recognising the Eknath Shindeled bloc as the real Shiv Sena and allotting the bow and arrow poll symbol to itSenior advocate Abhishek Manu Singhvi mentioned the matter before a bench headed by Chief Justice DY Chandrachud for an early listing of the petitionThe CJI however refused to pass any orderThe rule applies equally to all whether left right or centre Come tomorrow through proper process the bench saidThe plea filed by the Thackeray faction stated the points raised in the petition have a direct bearing on the issues which are being considered by the Constitution benchThe petition contended the poll panel erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political partyAlso readMumbai Chandivali residents take to social media as authorities fail to address issues of air pollutionIt also submitted that the Election Commission has erred in holding that there was a split in the Shiv SenaIn the absence of any pleadings and evidence that there was a split in a political party the finding of the ECI is completely erroneous on this ground the plea saidThe petition said the Thackeray faction has an overwhelming majority in the Pratinidhi Sabha which is the apex body representing the wishes of the primary members and other stakeholders of the partyThe plea said the poll panel has acted in a biased and unfair mannerIt is submitted that the ECI has failed to discharge its duties as a neutral arbiter of disputes under para 15 of the symbols order and has acted in a manner undermining its constitutional status the petition saidThe poll panel had on Friday recognised the Eknath Shindefaction as the real Shiv Sena and ordered the allocation of the bow and arrow election symbol of the undivided party founded by the late Balasaheb Thackeray to itIn a 78page order on the protracted battle for control of the organisation the Commission allowed the Uddhav Thackeray faction to keep the flaming torch poll symbol allotted to it till the completion of the assembly bypolls in the stateThe Commission said the MLAs backing Shinde got nearly 76 per cent of votes polled in favour of the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly electionsThe MLAs in the Uddhav Thackeray camp got 235 per cent of the votes polled in favour of the winning Shiv Sena candidates the threemember Commission saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever