Shiv Sena row: Why not await EC decision on 'bow and arrow' election symbol, asks HC

Justice Sanjeev Narula observed that the court would ask the EC to decide the issue of allotting the ‘bow and arrow’ symbol in a time-bound manner and both factions can put their contention before the election panel.

Hearing a petition by former Maharashtra chief minister Uddhav Thackeray against the Election Commission’s interim order freezing Shiv Sena’s name and election symbol, the Delhi High Court on Monday asked why it should not wait for the final decision of the poll panel on the dispute between the party factions.

Justice Sanjeev Narula observed that the court would ask the EC to decide the issue of allotting the ‘bow and arrow’ symbol in a time-bound manner and both factions can put their contention before the election panel.

Advocate Sidhant Kumar, appearing for Election Commision, said that it was a constitutional body and a specific timeline to arrive at a decision may not be directed.
Senior counsel appearing for the rival faction leader Eknath Shinde claimed that there was no need for the high court’s interference at this stage when the (interim) direction has worked itself out after the conclusion of the Andheri East assembly bye-poll and now the ball is in the Election Commission’s court.
Earlier this year, Shinde had raised a banner of revolt against Thackeray, accusing him of entering into an “unnatural alliance” with the Congress and NCP. Over 40 of the Shiv Sena’s 55 MLAs had supported Shinde, forcing the resignation of Thackeray from the post of Maharashtra Chief Minister.
The Election Commission (EC), in its October 8 interim order, had barred the Shiv Sena factions led by Thackeray and Shinde from using the party name and election symbol in the Andheri East assembly bye-poll.
Justice Narula on Monday observed that the court would ask the EC to decide the issue of allotting the ‘bow and arrow’ symbol to one of the factions in a time-bound manner while noting that the two competing groups were given separate election symbols by the EC to contest the bye-polls.
That (EC) order was for the purpose of the bye-election. Is there a final adjudication? No. The interim order has run its life out. When the bye-elections have already taken place, why should the court not await the final view of the EC? the judge observed.
They (Shinde) have approached the EC. Elections have been conducted. Only question is that you are without the symbol and you say you are the political party. I took note of that fact… the only answer then is please decide it expeditiously, he further said.
The court observed that the petitioner can raise all contentions before the EC and challenge the final order if the need arises.

The court listed the case for further hearing on November 15 and asked the parties to file a brief note of submissions.

Source: MoneyControl

TagsEC Election Symbol Shiva Sena

Shiv Sena row: Why not await EC decision on ‘bow and arrow’ election symbol, asks HC

Justice Sanjeev Narula observed that the court would ask the EC to decide the issue of allotting the ‘bow and arrow’ symbol in a time-bound manner and both factions can put their contention before the election panel.

Advocate Sidhant Kumar, appearing for Election Commision, said that it was a constitutional body and a specific timeline to arrive at a decision may not be directed.

Earlier this year, Shinde had raised a banner of revolt against Thackeray, accusing him of entering into an “unnatural alliance” with the Congress and NCP. Over 40 of the Shiv Sena’s 55 MLAs had supported Shinde, forcing the resignation of Thackeray from the post of Maharashtra Chief Minister.

The Election Commission (EC), in its October 8 interim order, had barred the Shiv Sena factions led by Thackeray and Shinde from using the party name and election symbol in the Andheri East assembly bye-poll.

Justice Narula on Monday observed that the court would ask the EC to decide the issue of allotting the ‘bow and arrow’ symbol to one of the factions in a time-bound manner while noting that the two competing groups were given separate election symbols by the EC to contest the bye-polls.

That (EC) order was for the purpose of the bye-election. Is there a final adjudication? No. The interim order has run its life out. When the bye-elections have already taken place, why should the court not await the final view of the EC? the judge observed.

They (Shinde) have approached the EC. Elections have been conducted. Only question is that you are without the symbol and you say you are the political party. I took note of that fact… the only answer then is please decide it expeditiously, he further said.

The court observed that the petitioner can raise all contentions before the EC and challenge the final order if the need arises.

SECTIONS OF WEBSITE

Economic Laws Practice (ELP) advised the book running lead managers JM Financial Limited, Kotak Mahindra Capital Company Limited, IIFL Securities Limited and BOB Capital Markets Limited, in connection with the filing of the draft red herring prospectus of Smartworks Coworking Spaces Limited.

Invitation to Book Discussion | Environmental Politics at the Local Natural Resource Governance in India | 30 August 2024 | 6:00 PM IST

NGT finds massive non-compliance with EC conditions on sand mining in the Dhasan River, the lifeline of the water-starved Bundelkhand region.

Call for Blogs: All India Legal Forum:

Invitation for One – Week Faculty Development Programme from 12th to 18th July 2021 by IIMT

ACE Law Gears up to Provide Hassle Free Immigration Process of Canadian Immigration for Discerning Indian Patrons

Economic Laws Practice (ELP) advised the book running lead managers JM Financial Limited, Kotak Mahindra Capital Company Limited, IIFL Securities Limited and BOB Capital Markets Limited, in connection with the filing of the draft red herring prospectus of Smartworks Coworking Spaces Limited.

Invitation to Book Discussion | Environmental Politics at the Local Natural Resource Governance in India | 30 August 2024 | 6:00 PM IST

NGT finds massive non-compliance with EC conditions on sand mining in the Dhasan River, the lifeline of the water-starved Bundelkhand region.

Justice Sanjeev Narula observed that the court would ask the EC to decide the issue of allotting the ‘bow and arrow’ symbol in a time-bound manner and both factions can put their contention before the election panel.

Advocate Sidhant Kumar, appearing for Election Commision, said that it was a constitutional body and a specific timeline to arrive at a decision may not be directed.

The Election Commission (EC), in its October 8 interim order, had barred the Shiv Sena factions led by Thackeray and Shinde from using the party name and election symbol in the Andheri East assembly bye-poll.

Justice Narula on Monday observed that the court would ask the EC to decide the issue of allotting the ‘bow and arrow’ symbol to one of the factions in a time-bound manner while noting that the two competing groups were given separate election symbols by the EC to contest the bye-polls.

That (EC) order was for the purpose of the bye-election. Is there a final adjudication? No. The interim order has run its life out . When the bye-elections have already taken place, why should the court not await the final view of the EC? the judge observed.

They (Shinde) have approached the EC. Elections have been conducted. Only question is that you are without the symbol and you say you are the political party. I took note of that fact… the only answer then is please decide it expeditiously, he further said.

The court observed that the petitioner can raise all contentions before the EC and challenge the final order if the need arises.

You may also like

SECTIONS OF WEBSITE

That (EC) order was for the purpose of the bye-election. Is there a final adjudication? No. The interim order has run its life out. When the bye-elections have already taken place, why should the court not await the final view of the EC? the judge observed.