BREAKING - Uddhav Thackeray Moves Delhi High Court Against Election Commission's Freezing Order On Shiv Sena Party Symbol

Former Maharastra Chief Minister Uddhav Thackeray has moved the Delhi High Court against Election Commission of India (ECI)'s decision to freeze Shiv Sena's 'bow and arrow' party symbol 

In the alternative, Thackeray has sought a direction that ECI be asked to consider and allot the symbol proposed by him without restricting the choice of symbol from the list of free symbols notified under the Symbols Order.

The ECI on October 8 had directed both Uddhav Thackeray and Eknath Shinde groups to not use the name "Shiv Sena" or symbol "bow and arrow" till the claims of rival factions for the official recognition is finally decided.

The Commission had ordered that Eknath Shinde and Uddhav Thackeray groups shall be allotted different symbols as they may choose from the list of free symbols.

"Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party 'Shivsena'," the ECI said in the order. 

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.

"In the present case, without affording an opportunity to be heard despite an application of the Petitioner requesting oral hearing, Respondent No. 1 displayed undue haste and passed the order freezing the symbol of „Bow and Arrow‟ of the political party Shivsena led by the Petitioner, which symbol is intrinsically identified with it, having been used by it since the inception of the party in 1966," the plea states.

The plea further adds that restricting Thackeray from selecting a symbol from a limited list of symbols 'strikes at the very root of his entitlement to choose or propose a symbol of his own choice.'

It has further been averred that the impugned order was passed citing a false apprehension that candidates of both the groups may file their nomination forms seeking to contest the Andheri East bye-elections under the same symbol of "bow and arrow".

"It is submitted that the same is an erroneous premise as it is clearly known through the media reports that no candidate from the group led by Respondent No. 2 is contesting the said bye-election and therefore, such a situation will not arise," the plea states.

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.

In this backdrop, the plea claims that merely because a bye election was announced for Andheri East Constituency, wherein admittedly Eknath Shinde or his group are not even setting up any candidate, there was no reason for ECI to change the existing status quo regarding the use of name and Symbol by Thackeray by freezing the symbol of the Shiv Sena party.

"Respondent No. 2.(Eknath Shinde) in the guise of espousing a grievance under para 15 of the Symbols Order, has prayed to set aside the order of his removal from the post of Group Leader of the Shivsena Legislative Party. It is respectfully submitted that such a relief cannot be granted by Respondent No. 1, as the same does not fall within the jurisdiction vested with Respondent No. 1 under para 15 of the Symbols Order," the plea adds.

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 the other hand, Eknath Shinde has also filed a caveat in the plea against initiation of proceedings challenging the impugned order. The caveat is filed through Advocates Chirag Shah, Utsav Trivedi, Manini Roy and Himanshu Sachdeva.

"Let nothing be done in the matter without giving notice to the Undersigned," the caveat reads.

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.