Have Run Shiv Sena For 30 Years But Today Can't Use My Father's Name & Symbol: Uddhav Thackeray To Delhi HC, Calls ECI Order 'Illegal'

Former Maharashtra Chief Minister Uddhav Thackeray on Monday argued before the Delhi High Court that the order passed by the Election Commission of India (ECI) freezing Shiv Sena party's name and 'bow and arrow' symbol is "illegal".

The "political activities of the party have come to a standstill" on account of the decision, Thackeray's counsel submitted.

The submissions were made before the bench of Justice Sanjeev Narula during the hearing of Thackeray's plea against ECI's decision of October 8 directing both his and Eknath Shinde's faction of Shiv Sena 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.

Contending that the impugned order has "severe consequences" on Thackeray and his political party, the counsel said that the ECI could not have passed the order without satisfying the parameters of the Election Symbols (Reservation and Allotment) Order.

"I am the party's President. I have run this party for the last 30 odd years. Unless the ECI is satisfied that they have made out a prima facie case, it cannot freeze the election symbol. I can't today use the name and symbol of my father," the counsel said, adding that the impugned order is "illegal."

Justice Narula said that the rights and contentions of Thackeray are still open as the ECI is yet to decide the issue finally and had only passed an interim order for the purpose of bye-elections which are now over.

The court said an appropriate relief would be to direct ECI for deciding the matter expeditiously, keeping in view the submissions made by Thackeray.

Listing the matter for further hearing tomorrow, the court asked the parties to submit short written submissions.

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 adds 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 principals 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 has 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.