HomeCURRENT AFFAIRSPOLITICSSC refuses to stop Election Commission from deciding 'real' Shiv Sena

SC refuses to stop Election Commission from deciding ‘real’ Shiv Sena

Former Maharashtra Chief Minister Uddhav Thackeray has suffered a major setback in the Supreme Court. After a day-long hearing, the top court on Tuesday refused to restrain the Election Commission from deciding the claim of the Eknath Shinde group as the original Shiv Sena. Justice D.Y. Chandrachud said that there will be no bar on action before the Election Commission to decide the dispute between the Uddhav Thackeray and the Eknath Shinde faction in the Shiv Sena, including who will be able to get the rights or the election symbol over which parent party.

Refusal to consider the petition of Uddhav Thackeray faction

Justices MR Shah, Krishna Murari, Hima Kohli and P.S.Narasimha refused to entertain a petition filed by the Uddhav Thackeray faction that the Election Commission should not be allowed to proceed with the matter until the apex court decides the petition related to the disqualification of Shiv Sena MLAs.

The Supreme Court said that we direct the Election Commission that there will be no stay on the proceedings. Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, submitted before the bench that the Shinde faction cannot move the Election Commission after being disqualified.

Justice Chandrachud said that a reference has been made in this, which is a fact. does not preclude a constitutional body from deciding whether it has the power to take decisions under the law. The bench said that the Uddhav Thackeray faction has argued that since it is one of the other petitions seeking action before the Election Commission, it should not proceed. Thackeray faction claims Shinde’s membership in question

During the hearing, Kapil Sibal argued that Eknath Shinde wants to go to the Election Commission and says that his faction is a political party, but long before that his membership of the party is under question in these proceedings, which has to be decided first The Uddhav Thackeray faction had moved the apex court seeking a stay on the Election Commission’s action on the Eknath Shinde faction’s plea for regional recognition to Shiv Sena.

Political party has a much broader configuration than the legislative unit

During the hearing, the bench observed that a political party is a much broader configuration than the legislative body of a party consisting of elected members. It further asked whether the authority of the Election Commission with respect to the former in the legislative unit affects the dispute. The top court also heard the arguments of the lawyers of both the factions and the counsel for the Election Commission.

Shiv Sena has split into two factions after change of government in Maharashtra and rebellion in the party. Both the factions are laying claim to the party and its election symbol. Soon there will be BMC and bodies in the state.

A conflict is expected between the two factions. Recently, the Bombay Court had allowed Uddhav Thackeray to hold a rally at Shivaji Park on the occasion of Dussehra. At the same time, the BMC was reprimanded.

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