NEW DELHI: The Supreme Court on Wednesday said it would consider on September 27 whether the Election Commission should proceed to decide as to which faction between Uddhav Thackeray and Eknath Shinde will have claim over the Shiv Sena's 'bow and arrow' symbol.
A five-judge Constitution bench led by Justice D Y Chandrachud said it would hear all the contesting parties, besides the Election Commission, while taking up interloculatory application filed on behalf of Thackeray's group.
Senior advocate Neeraj Kishan Kaul, appearing for Shinde faction, submitted the issue has to be decided on urgent basis as municipal elections are scheduled in coming months.
He said in a pending matter related to disqualification proceedings, the application was filed to injunct the poll panel from the deciding the question.
Senior advocates Kapil Sibal and A M Singhvi, appearing for the Thackeray group, submitted if the rebel MLAs stood disqualified, they would not be entitled to go to the Election Commission to lay claim over the party.
Sibal also submitted that the symbol order was passed in year 1968, while the Tenth Schedule came into operation in 1985.
They said the issue pertaining to intra-party dispute has also been referred for adjudication before the Constitution bench.
Kaul, for his part, contended that the matter before the EC had nothing to do with the disqualification proceedings as any member of a political party is free to approach the poll panel. The matter here pertained to the power of Speaker and had nothing to do with a member approaching the EC, he said.
Senior advocate Arvind Datar, appearing for the EC, submitted that under Symbols order, if there is a complaint we have to take it on board and we have to issue notice to other side. He said the EC had earlier told the court that no injunction was needed as it takes a lot of time to decide such issues.
The court, however, asked the parties to reserve their arguments for September 27. It also asked the parties to file a written note not exceeding three pages.
A three-judge bench had on August 23 referred the legal questions arising out of fight between the Thackeray and the Shinde groups of Shiv Sena in Maharashtra for consideration before the Constitution bench.
After ousting Thackeray as Chief Minister of Maharashtra, Shinde's faction sought to lay its claim over Shiv Sena.
