Uddhav Thackeray Faces Long-Drawn Battle As SC Refuses To Stay EC Order
CJI DY Chandrachud says, "We cannot stay an order of the Election Commission at this stage".
In another setback to former Maharashtra Chief Minister Uddhav Thackeray, the Supreme Court refused on Wednesday to stay the order of the Election Commission last week to recognise the Eknath Shinde faction as the real Shiv Sena.
The court, however, asked the Shinde camp to file a reply to the petition against the EC decision, which also granted them permission to use the Shiv Sena name, and the bow-and-arrow symbol for their party. This means that the Shinde faction will continue using the symbol and the name of the party as allowed by the EC as of now.
"We cannot stay an order of the Election Commission at this stage. They have succeeded before the EC," Chief Justice of India DY Chandrachud told the Thackeray camp.
According to rules, the decision of the EC to recognise one or neither of the rival sections or splinter groups as the recognised party is binding on all the groups, and mentioned clearly in the Election Symbols (Reservation and Allotment) Order. This is why the SC did not interfere in the EC order.
Appearing for Thackeray, senior advocate Kapil Sibal had sought a stay of the EC's decision that was announced last Friday. He expressed apprehensions about the Shinde faction taking over the party offices, property and bank accounts. Sibal contended that the EC had not taken into account the party's primary members who were still with Uddhav Thackeray.
The Thackeray camp sought protection from any "precipitate action" the Shinde faction would take against the group by the next hearing, but the apex court remained non-committal. The court said the case before it was confined to a challenge to the EC order allotting Shinde faction the party and name, meaning that Thackeray can challenge Shinde's moves later.
The SC gave the Shinde-led Shiv Sena two weeks to file a counter affidavit, while the Thackeray camp will get a week to file his rejoinder. A notice has also been issued to the Shinde camp for not ordering whips.
(Image source: Eknath Shinde/Twitter)
The Thackeray camp has already filed a petition in the SC against the validity of Shinde group's defection and the way the Shinde-led government was formed with the support of the BJP. But it is going to be a long-drawn process. They have also sought to hold organisational elections in the party, but the court has not said anything so far.
To revive the support for his party, Thackeray has decided to set out on a tour of Maharashtra from March 5 in a massive cadre outreach programme to strengthen the party's base on ground and keep his flock together. Currently, there are just 16 MLAs and four Lok Sabha MPs with Thackeray.
Manisha Kayande, an MLC from the Thackeray camp, said the party was fighting the "contradictions" of the EC order.
"There are multiple orders that say the party is important, but they are talking only about MLAs. What about MLCs, grassroot party workers and RS MPs who are firmly with Uddhav Thackeray?" she asked.
"Anyway, Uddhav is a fighter. He has faced this before and we are sure he will be victorious." Kayande termed the order positive as the Shinde camp had also been asked to respond.
With the symbol and name of the party with Shinde, the seating arrangement in the assembly is also likely to undergo changes. The Lok Sabha Secretariat has allotted the Shiv Sena office in Parliament House to Shinde after the EC's decision. Shinde has already written to media houses not to call his MLAs "faction" but Shiv Sena as per the EC order.
