38.6c New Delhi, India, Thursday, April 18, 2024
Executive

SC to hear on Wed plea by Thackeray group on EC's order on Shiv Sena name and symbol to Shinde group

By LawStreet News Network      21 February, 2023 08:34 PM      0 Comments
SC to hear on Wed plea by Thackeray group on EC's order on Shiv Sena name and symbol to Shinde group

NEW DELHI: The Supreme Court on Tuesday agreed to hear on Wednesday a plea by Uddhav Thackeray's group against the Election Commission's final order of February 17 recognising Eknath Shinde's faction as the real Shiv Sena and allotting it 'bow and arrow' symbol.

A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha scheduled the matter for consideration on February 22 at 3.30 pm.

Senior advocate Kapil Sibal mentioned the matter for urgent hearing.

On behalf of Thackeray faction, Sibal said if the matter was not heard urgently and stayed, the other side would take over the party office, bank accounts and initiate disqualification proceedings.

Senior advocate Neeraj Kishan Kaul, appearing for the Shinde's group contended that he would like to argue as to how the matter was not be heard here as twice the petitioner's side had approached the Delhi High Court in the subject matter.

The Thackeray faction on Monday filed the petition against the EC's order claiming the poll panel had failed to discharge its constitutional duty to act as neutral arbiter of the dispute.

On February 17, the Election Commission, in its final order, said the party name Shiv Sena and symbol would be retained by Shinde, present Chief Minister of the state.

Shinde, along with his supporting MLAs, had joined hands with the BJP, forcing Thackeray to resign as Chief Minister of Maharashtra.

In the plea filed through advocate Amit Anand Tiwari, the Thackeray group said the EC has failed to appreciate that petitioner enjoyed overwhelming support in the rank and file of the party and in the Pratinidhi Sabha, the apex representative body of the primary members and other stakeholders of the party.

“The EC disregarded the party Constitution of 2018 on the ground that it was undemocratic and that it was not communicated to it. These observations are totally erroneous as the amendments in the Constitution were categorically communicated in 2018 itself and the petitioner will place clear evidence in this regard,” the plea said, seeking interim stay on the EC order.

The plea also contended that the test of legislative majority adopted by the EC could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting Shinde. 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM

TOP STORIES

two-day-conference-on-april-on-technology-and-dialogue-between-sc-and-singapore
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM
lsj-exclusive-interview-how-bjp-govt-will-free-chhattisgarh-from-naxal-menace
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
sc-rejects-review-of-order-to-pay-rs-154-cr-compensation-to-ex-air-force-staff-for-transfusion-of-hiv-infected-blood
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
cji-cautions-against-overlooking-ethical-legal-consideration-on-use-of-ai-in-court-adjudication
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email