Supreme Court Dismisses Plea Seeking Transfer Of Property Of Uddhav Thackeray-Led Shiv Sena To Shinde Faction

The Supreme Court on Friday refused to entertain the plea filed by Mumbai-based lawyer Dr Ashish Giri seeking transfer of all movable and immovable property belonging to the Uddhav Thackeray-led Shiv Sena (UBT) to the Shinde faction, which is now recognized as the official Shiv Sena by the Election Commission of India. The matter was listed before a bench comprising CJI DY Chandrachud and Justice PS Narasimha. 

At the very outset, CJI DY Chandrachud asked–

"This is an Article 32 petition. How is this 32 petition maintainable?"

Advocate Ashish Giri responded that there had been an SLP before the Apex Court. CJI DY Chandrachud said that it was a Special Leave Petition filed by the Uddhav group challenging the Election Commission's order recognising Shinde faction. "Who are you to file this? We can't pass such orders. Dismissed", CJI told the petitioner.

The plea was filed seeking direction to restrain the Uddhav Thackeray group from alienating movable or immovable assets of the Shiv Sena party. It argued that the assets should be transferred to the new party president.

"All the movable and immovable assets of Shiv Sena along with the frontal organisations and aligning organisations be transferred to the new party president as per the order of ECI," it stated. The advocate added that the funds and assets were collected by all the workers and leaders of any political party and there is no personal gain or rights of any group, if the party divided in two or more groups.

The plea further stated–

"The original party name and its symbol is given to any group by the Election Commission of India, the funds, assets and moveable and immovable property should be kept with original party. Any leader of any political party can not keep its assets and moveable and immovable properties personally and cannot divert to any other accounts or names."

Case Title: Ashish Pramod Giri v. Uddhavji Thackeray And Ors. WP(C) No. 484/2023 

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