The Shiv Sena identify and its election image will stay with Maharashtra Chief Minister Eknath Shinde’s camp, and the “mashaal” or flaming torch image with Uddhav Thackeray for now, the Supreme Courtroom stated at present, assuring establishment on the problem that has been the bone of competition because the cut up of the occasion final yr.
The courtroom agreed to listen to the petition from Staff Thackeray, which has challenged the Election Fee’s order handing the Shiv Sena identify and its “bow and arrow” image to the Shinde faction.
Mr Thackeray had sought establishment on the Sena properties — workplaces and financial institution accounts — until its a number of petitions pending with the highest courtroom is determined. Apart from the identify and image situation, the group has additionally challenged the numbers within the Shinde faction, contending {that a} chunk of its MLAs deserve disqualification.
Senior advocate Kapil Sibal, who was representing the Thackeray group, advised a bench led by Chief Justice of India DY Chandrachud that they need “safety”.
“We do not need our properties and financial institution accounts to be taken over,” Mr Sibal stated, mentioning that the parliamentary workplace of the Shiv Sena was taken over by the Shinde faction yesterday.
The courtroom stated it can not put a freeze on the Election Fee’s order “at this stage”. The Thackeray camp can use authorized challenges if any motion is taken that isn’t based mostly on the Election Fee’s order.
The courtroom additionally received an assurance from the Shinde faction that they won’t situation any whip or take over financial institution accounts or occasion workplace of the Sena.
Staff Shinde has contended that the ballot image situation has already been heard and rejected by the Excessive Courtroom, which requested the Election Fee to go forward and take a call.
Beneath the circumstances, why ought to the Uddhav Thackeray group come to the Supreme Courtroom instantly, and why ought to the courtroom intervene, they questioned.
In his petition filed on Monday, Staff Thackeray contended that the Election Fee has failed to contemplate that they enjoys majority within the Legislative Council and Rajya Sabha.
The Fee’s resolution relies upon the purported legislative majority of the Shinde group, which is “not a secure information”. Whether or not the Shinde group will retain its numbers “is a matter to be decided by the highest courtroom within the Structure Bench,” the Thackeray faction stated.
The matter might be heard by the courtroom after two weeks.
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