The Supreme Court of India has issued notice on a plea filed by Uddhav Thackeray challenging the decision of the Election Commission of India (ECI) which recognized the Eknath Shinde faction as the official Shiv Sena.
A 3-judge bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala however refused to stay the ECI order at this juncture
[1]. The bench however permitted Uddhav group to retain the name Shiv Sena (Uddhav Balasaheb Thackeray) and the symbol "flaming torch" in terms of paragraph 133(IV) of the ECI order during the pendency of the matter. The ECI had allowed that interim arrangement in view of the bye-elections in Maharashtra assembly, scheduled to take place on February 26
[2]. Senior Advocate Kapil Sibal, appearing for Uddhav group, sought for a status quo order by saying that the offices and bank accounts of the party are being taken over by the Shinde group, the bench declined.
[3]. Kaul responded by saying that the legislative party is an integral part of the political party. He pointed out that the ECI has found the party constitution to be "dictatorial" which does not allow for any dissent. In that context, the ECI says that legislative votes are to be looked at. No one has argued that these are separate things. Political party and legislative party are connected and integral part of each other.
