!['Passed well reasoned order in quasi-judicial capacity,' EC tells SC on allotment of Shiv Sena name, symbol to Shinde group [Read Counter Affidavit]](/secure/uploads/2023/03/lj_4744_e20654bf-9cd1-43f5-bf50-e7ca1b1a27e6.jpg)
NEW DELHI: The Election Commission has told the Supreme Court it has passed a "well reasoned" order allotting the name and party symbol of Shiv Sena to Eknath Shinde faction in a quasi-judicial capacity after hearing both the parties.
"Since the impugned order was passed not in an administrative capacity of the Commission but in a quasi- judicial capacity under Paragraph 15 of the Symbols Order, it has no contentions to make on merits of the case," it said.
The poll panel contended the order is a well-reasoned and covered all the issues.
"The Election Commission, thus, has become a functus officio for the present case since it has already discharged its duty to adjudicate the petition filed under Paragraph 15 of the Symbols Order after passing of the order," it said in an affidavit.
On February 22, the top court had refused a plea by Uddhav Thackeray's group to stay the Election Commission's February 17 order recognising Eknath Shinde's faction as Shiv Sena and allotting it 'bow and arrow' symbol.
In response to the notice on the special leave petition, the poll panel said in a catena of cases, the top court have held that where an order passed by a quasi-judicial body is under challenge before an appellate court, such a body need not be arrayed as a party to the appeal.
It also pointed out the Symbols Order has been formulated by the Commission in exercise of its power under Article 324 of the Constitution read with Section 29A of the Representation of the People Act, 1951.
