Uddhav Faction Moves Supreme Court To Stop Election Commission From Hearing Eknath Shinde's Claim Before Decision On Disqualification

The present application seeks the Apex Court's indulgence to implead the Election Commission of India (ECI) as a necessary party in the writ petition, which, inter alia, challenges the decision of Maharashtra Governor to invite Eknath Shinde to be the Chief Minister of Maharashtra.

It is asserted that even though on 20.07.2022, the Court was assured by the Counsel appearing for the Speaker that no further proceedings will be conducted in the matter of disqualification under the Tenth Schedule, the Shinde-faction has initiated proceedings under Election Symbols (Reservations and Allotment) Order, 1968 seeking recognition as the 'real Shivesena' by the ECI. They also claimed the right to use the election symbol allotted to the Shivsena.

By way of a representation dated 20.07.2022, the Uddhav-led faction, has requested the ECI not to proceed with the matter citing similar issues are pending before the Apex Court. It averred that the ECI ought not to move ahead with the proceedings, especially, when the status of the persons claiming the election symbol is yet to be determined by the Court.

On 22.07.2022, a notice was served to the Uddhav-led faction wherein the ECI had stated that Eknath Sindhe and some other persons have sought to be recognised as the "real Shivsena" and are claiming right over the election symbol. The application submits, pursuantly, ECI had initiated proceedings in complete disregard of the sanctity of the status quo order of the Apex Court, as well as the Constitutional role expected of the ECI.

The application argues that if the ECI proceeds further it would cause irreparable injury as the status of the persons before the ECI is pending determination. It is further urged that Shinde-faction cannot be considered as MLAs of Shivsena and their claim and affidavits cannot be relied upon. It contends that the ECI proceedings would interfere with the inquiry sub-judice before the Court and thus amount to contempt of court.

The application also claims -

"...in acts of desperation, and to somehow portray a majority are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation. It is submitted that the private Respondents have been indulging in several illegal activities contrary to the Constitution of the Shivsena."

It is stated in the application that, it appears that the Shinde-faction has called for a meeting of the National Executive Committee to Shivsena without giving any notice to all the members of the Committee which was duly constituted after the 2018 organisational elections.

The petition has been drawn by Advocate Rajesh Inamdar and filed by Advocate Anish Shah