Uddhav Thackeray moves HC against EC order freezing Shiv Sena name, poll symbol

New Delhi: The Uddhav Thackeray-led Shiv Sena faction on Monday (October 10, 2022) moved the Delhi High Court seeking the quashing of the Election Commission (EC) order freezing the party name and election symbol. The petition, filed by Thackeray, has challenged EC's October 8 order, contending it was passed in complete violation of principles of natural justice and without granting any hearing to the parties, news agency PTI reported. The petition, which has arrayed the poll body and Maharashtra Chief Minister Eknath Shinde as parties, sought quashing of the EC order and, in the alternative, sought directions to consider and allot the symbol proposed by Thackeray without restricting the choice of the symbol from the list of free symbols notified by the commission.

"Since bye-elections have been notified in the State of Maharashtra for 166-Andheri East constituency for which the last date of nominations is October 14, 2022, and the date of poll is November 3, grave prejudice will be caused to the petitioner (Thackeray) and his party if the impugned order does not stay," the plea said.

Citing examples of the dispute relating to the AIADMK's 'two leaves' election symbol and similar wranglings in the JD(U) and the Samajwadi party, it said, in all these cases, the order freezing or refusing to freeze the symbol was passed by the ECI only after hearing the parties.

The petition said in this case, without affording an opportunity to be heard despite an application of the petitioner requesting oral hearing, the ECI displayed undue haste and passed the order freezing the symbol of 'Bow and Arrow' of the political party - Shiv Sena led by Uddhav Thackeray, which symbol is intrinsically identified with it, having been used by it since the inception of the party in 1966.

It is pertinent to note here that the said symbol was developed, designed and copyrighted by Late Balasaheb Thackeray, the plea said, claiming the freezing of the symbol is actuated by malice in law and is erroneous as the preliminary reply filed by the petitioner before ECI clearly shows the petition there was not maintainable at the behest of Shinde.

Shinde, notably, had raised a banner of revolt against Thackeray, accusing him of entering into an "unnatural alliance" with 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.

Twelve of the 18 Lok Sabha members of the Shiv Sena also came out in support of Shinde, who later claimed to be the leader of the original Shiv Sena.

Earlier on October 8, the poll body had barred Uddhav Thackeray and Eknath Shinde factions of the Shiv Sena from using the party name and its election symbol in the November 3 Andheri East assembly bypolls.

In an interim order over the claims by the rival factions for control of the organisation, the Commission asked them to suggest by Monday three different name choices and also as many free symbols for allocation to their respective groups.

Meanwhile, the Thackeray and Shinde factions have formally submitted to the EC their choice of three symbols and names each. The EC will now examine them to ensure that the symbols sought by them are not similar and not being used by any other party. Also, the symbols submitted should not be already frozen.

Uddhav Thackeray-led Shiv Sena gives 3 choices for poll symbol

In a virtual address on Sunday, Thackeray said his camp has submitted three names - "Shiv Sena Balasaheb Thackeray, Shiv Sena Balasaheb Prabodhankar Thackeray, and Shiv Sena Uddhav Balasaheb Thackeray" to the EC.

Thackeray also said his faction has submitted to the EC three options- a rising Sun, a burning torch (mashaal), and a trident- and expects it to allot one of them as the poll symbol for the byelection.

(With agency inputs)