Thackeray-led Shiv Sena won the by-election earlier this month. (File)Former Maharashtra Chief Minister Uddhav Thackeray Monday told the Delhi High Court that the Election Commission of India’s (EC) order freezing the party’s name, Shiv Sena, and its bow and arrow election symbol is “totally perverse”.
Noting that EC’s order was regarding November 3 Andheri bypoll, a single-judge bench of Justice Sanjeev Narula said the order has “run its life” and asked why should court not await EC’s final view on the issue.
Appearing for Thackeray, senior counsel Devadatt Kamat submitted, “I am a political party…today my entire political activity has come to a standstill. When a quasi-judicial authority passes an order which has several consequences on my right as a party, it (EC) is duty-bound to be satisfied that a prima facie case is made out.” Kamat told the bench that unless EC is prima facie satisfied it cannot freeze the symbol. Today “I can’t use the name and symbol of my father”, he added.
Senior counsel Kapil Sibal, also appearing for Thackeray, submitted that maintainability of CM Shinde’s claim on bow and arrow symbol and party name should be decided before passing a final order. Sibal said, “Question is, is the EC going to decide maintainability or not. If it is one final order, everything will becomeinfructuous…fundamental question is maintainability of the petition…” Sibal also said that an “expeditious disposal” means EC will decide in Shinde’s favour, and it has not considered Thackeray’s objections.
HC observed that it will ask EC to decide the issue of allotting the symbol in a time-bound manner after hearing both factions.
Appearing for Shinde, Neeraj Kishan Kaul said, “We have said that he (Shinde) wasn’t disqualified it was an internal dispute. EC gave repeated opportunities to them to file a reply. They (Thackeray faction) didn’t do so; they went to SC to seek a stay, which they were not granted.”