Delhi High Court Dismisses Uddhav Thackeray's Plea Against ECI's Freezing Order On Shiv Sena Party Symbol

The Delhi High Court on Tuesday dismissed the plea moved by Former Maharashtra Chief Minister Uddhav Thackeray against Election Commission of India (ECI)'s decision to freeze Shiv Sena's 'bow and arrow' party symbol.

The ECI on October 8 directed both Thackeray and Eknath Shinde's faction to not use the name "Shiv Sena" or symbol "bow and arrow" till their rival claims for the official recognition is finally decided. For the recent Andheri East bypoll, the party factions were allotted different symbols.

While dismissing the plea, Justice Sanjeev Narula however directed the ECI to adjudicate the pending dispute as expeditiously as possible, keeping in view the interest of both the parties and also the public.

The court dismissed the plea after hearing detailed submissions by Senior Advocates Kapil Sibal and Devdatt Kamat, who appeared for Thackeray, and Senior Advocates Rajiv Nayar and Neeraj Kishan Kaul for Eknath Shinde.

The court was of the view that the ECI took note of the urgency qua allotment of symbol owing to announcement of schedule of bye-elections and the. made the directions for freezing. 

"Therefore, the Court does not find any procedural infraction on the part of ECI in taking such a view. Petitioner, who repeatedly took time before ECI for furnishing necessary documents, cannot now turn around and allege violation of principles of natural justice and criticize ECI," court observed.

It ordered "In light of the fact that there is no interdiction by the Supreme Court regarding the proceedings to be conducted by ECI, in the opinion of the Court, it would be in the interest of both the parties as well as the general public, that the proceedings are concluded expeditiously."

The plea moved through Advocates Vivek Singh, Devyani Gupta and Tanvi Anand, challenges ECI's order on the ground of having been passed in complete violation of principles of natural justice, without granting any hearing or opportunity to lead evidence to the parties.

The plea also said that the ECI failed to consider the fact that from July 19 to October 8, there had been no change in circumstances regarding the claim set up by both the groups in respect of majority and control of the party.

The idea of a symbol is reflective of the ideologies, ethos and principles of a political party, in this case the Shiv Sena political party, and is an appropriate vehicle to demonstrate the aspirations and values of the political party, Thackeray had contended.

On September 27, a Constitution Bench of the Supreme Court had rejected a plea made by the Uddhav group seeking a stay of the proceedings before the ECI initiated by Shinde.

Title: UDDHAV THACKERAY v. THE ELECTION COMMISSION OF INDIA & ANR.

Citation: 2022 LiveLaw (Del) 1084