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

The Delhi High Court on Thursday reserved order on Former Maharashtra Chief Minister Uddhav Thackeray's appeal against a single judge order dismissing his plea against Election Commission of India (ECI)'s decision to freeze Shiv Sena's 'bow and arrow' party symbol.

The ECI on October 8 had 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.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that appropriate order will be passed in the matter.

Senior Advocate Kapil Sibal appearing for Thackeray earlier submitted that the appellant is primarily aggrieved by an observation of the single judge wherein it said that the preliminary objection regarding maintainability of "dispute petition" before the ECI would be examined by the commission on its own merits while rendering the final decision.

Sibal said that the single bench observation should not bind the commission. "Court can't say where I've sought a relief that this will be examined on its own merits while rendering the final decision," he said.

Sibal apprised the court that since the stay on proceedings before the ECI was rejected by the Supreme Court, the proceedings were ongoing and will be heard next on January 10, 2023.

He further said that as per the Election Symbols (Reservation and Allotment) Order, it is important for a party to be heard before a freezing order is passed.

"Never in the history of the commission, a freezing order has been passed without hearing the party. For the first time this has happened," Sibal said.

In the appeal, Thackeray said that the order passed by Justice Sanjeev Narula on November 15 is erroneous and liable to be set aside.

While dismissing the plea, Justice Narula had 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 was of the view that the ECI took note of the urgency qua allotment of symbols owing to announcement of schedule of bye-elections and 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 criticise ECI," the court had observed.

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