Uddhav Thackeray Files Appeal In Delhi HC Against Order Freezing Shiv Sena Party Name, Symbol

The Election Commission, in October, passed an interim order barring the two Shiv Sena factions from using the party's name and its election symbol.

Former Maharashtra chief minister Uddhav Thackeray approached the Delhi High Court on Tuesday challenging a single judge's decision dismissing his plea against the Election Commission's (EC) interim order freezing Shiv Sena's name and the party's election symbol.  Thackeray claimed that the November 15 order by which the judge had also directed the EC to expedite the proceedings is "erroneous" and liable to be set aside. The appeal is likely to come up for a hearing on December 15.

The single judge bench, in its order, had said that there was "no procedural infraction" in the EC's order freezing Shiv Sena's name and election symbol following a "split" in the party.

It had said the commission passed the freezing order given urgency in respect of allotment of the symbols on account of the announcement of by-polls and the petitioner, who repeatedly took time to furnish necessary documents, now cannot allege a violation of principles of natural justice and criticize the poll panel.

"There is a split between members of the 'Shiv Sena', a recognized political party in the state of Maharashtra. One group/ faction is led by Eknathrao Sambhaji Shinde and the other is by Uddhav Thackeray. Both claim to be the president of the original Shiv Sena party, and stake claim to its poll symbol of 'bow and arrow'," the single judge had noted in the order.

Thackeray, in his appeal, claimed there was no dispute as to the leadership of the party, and Maharashtra Chief Minister Eknathrao Shinde himself admits that Thackeray is, and continues to be, the rightfully elected president of Shiv Sena political party. Therefore, it cannot be said that there are two rival factions of the Shiv Sena political party, he held.

On October 8, the EC passed the interim order barring the two Shiv Sena factions from using the party's name and its election symbol in the Andheri East assembly bypoll. The commission's order was passed on a "dispute petition" filed by Shinde.

Earlier this year, Shinde had raised a banner of revolt against Thackeray, accusing him of entering into an "unnatural alliance" with the Congress and the Nationalist Congress Party (NCP). Over 40 of the Shiv Sena's 55 MLAs had supported Shinde, forcing Thackeray's resignation as chief minister.

Thackeray had assailed the EC interim order on several grounds, including lack of procedural fairness. It was earlier argued that the order was passed in the absence of a prima facie case in favor of the group led by Shinde.

Thackeray in his petition had alleged the EC displayed undue haste in passing the order without allowing him to be heard despite an application requesting an oral hearing.

He had argued in his petition that the freezing order was actuated by malice in law and is erroneous and the EC proceedings should be conducted by the principles of natural justice by providing an opportunity for the petitioner to lead evidence and advance submissions. 

(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)