Uddhav Thackeray camp moves SC to stay ECI proceedings on Eknath Shinde’s claim

Moving the Supreme Court, the General Secretary of Shiv Sena, Subhash Desai, said that the polling body “can’t decide the matter” since the cases are pending before the Supreme Court.

The Supreme Court was moved after proceedings were initiated by the Election Commission on a request made by CM Eknath Shinde-led faction to be recognised as the “real” Shiv Sena. They also held a claim over Shiv Sena’s election symbol — the bow and arrow.

The Uddhav Thackeray-led faction also sought to take proceedings against the Election Commission as a party in the petition, challenging the decision of the Maharashtra Governor to invite Eknath Shinde to take oath as the chief minister.

It is stated that even though on July 20 the Supreme Court was assured by the counsel appearing for the Speaker that no further proceedings will be conducted in the matter of disqualification under the Tenth Schedule, the Eknath Shinde-faction initiated proceedings under election symbols to seek their recognition as the real Shiv Sena by the Election Commission. They also claimed that they have a right to use the election symbol of bow and arrow.

On July 22, a notice was served to the Uddhav Thackeray-led camp, informing them about the Eknath Shinde camp’s claims. The application to the Supreme Court added that the ECI had initiated proceedings in complete disregard of the sanctity of the status quo order of the Supreme Court.

It has argued that the Eknath Shinde-faction MLAs cannot be considered as legislators of Shiv Sena.

“Respondents, despite the matter being pending before this Court, in acts of desperation, and to somehow portray a majority are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation. It is submitted that the private Respondents have been indulging in several illegal activities contrary to the Constitution of the Shivsena,” the application said.

Hearing the Maharashtra crisis plea last week, the Supreme Court 3-judge bench said that important constitutional issues arise in cases that may require adjudication by a larger bench. Before that, the Supreme Court had asked the Speaker of the Maharashtra Legislative Assembly not to take any action on the new disqualification notices.

Uddhav Thackeray-led camp has also challenged Maharashtra Governor Bhagat Singh Koshiyari’s decision to invite Eknath Shinde to form the government and the floor test.

Uddhav Thackeray had resigned as the chief minister, making way for Eknath Shinde to form the government.

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