Uddhav Thackeray vs Eknath Shinde | Supreme Court refuses to stay EC order on Shiv Sena

The Supreme Court however has allowed a prayer by the Thackeray faction to allow an Election Commission interim order

The Supreme Court on February 22 refused to stay the Election Commission decision to allot party name Shiv Sena and bow and arrow symbol to Eknath Shinde-led faction.

The court however has allowed a prayer by the Thackeray faction to allow an Election Commission interim order allotting it the name ‘Shiv Sena (Uddhav Balasaheb Thackeray)‘ and symbol ‘Flaming Torch’ to “continue to remain in operation”.

“We cannot stay an order of the Election Commission at this stag. They have succeeded before the EC,” Chief Justice of India D.Y. Chandrachud told the Uddhav Thackeray camp.

In an oral mentioning before the Bench senior advocate Kapil Sibal, appearing for Mr. Thackeray, had sought a stay of the Election Commission order of February 17. The Thackeray camp expressed apprehensions about the Shinde faction taking over the party offices, property and bank accounts.

It sought protection from any “precipitate action” the Shinde faction would take against the Thackeray group by the next date of the Supreme Court hearing. Senior advocate Kapil Sibal and A.M. Singhvi, appearing for Mr. Thackeray, sought some “interim relief” from the court

However, the Supreme Court chose to remain non-committal. The CJI said the case before it was confined to a challenge to the EC order allotting Shinde faction the party and name, and nothing more.

“Ultimately, that is a contractual relationship within a political party. Any further action is not based on the Election Commission decision. If there is any action, then you [Thackeray] will have to exhaust your remedies under the law,” the CJI said.