Uddhav Thackeray’s plea to stop EC from deciding real Shiv Sena claim adjourned till September 27
Last month, the Supreme Court had directed the poll panel not to act on Eknath Shinde’s claim that the faction led by him be recognised.
The Supreme Court on Wednesday adjourned the hearing till September 27, on a plea to restrain the Election Commission from deciding on Maharashtra Chief Minister Eknath Shinde’s claim that the faction led by him be recognised as the Shiv Sena party, reported Live Law.
A legal battle is underway between the groups led by Shinde and Uddhav Thackeray to be recognised as the real Shiv Sena. On July 22, the Election Commission had directed Thackeray and Shinde to submit documents to prove that their faction has the support of the majority of the party members.
The Thackeray-led faction had challenged the Election Commission proceedings in the Supreme Court on July 26. It had argued that the Election Commission cannot decide on the legitimate leader of the party unless a pending petition on disqualification of 16 Maharashtra MLAs is decided upon.
On the other hand, Shinde challenged the disqualification notices issued against him and 15 other MLAs of his group by Deputy Speaker Narhari Zirwal on June 25.
On August 3, the Supreme Court had directed the poll panel not to take any action on Shinde’s claim. The court had also asked the Election Commission to give reasonable adjournment to the Thackeray group to file its response, considering that the matter is pending before the Supreme Court.
At Wednesday’s hearing, Senior Advocate Neeraj Kishan Kaul, appearing for the Shinde group, told the Supreme Court that the Election Commission of India cannot be stopped from taking a decision.
Kaul also said that the poll panel’s decision was urgently needed as local body polls are to be held in Maharashtra.
Senior Advocate Kapil Sibal, appearing for the Thackeray group, however, cited the Supreme Court’s August 3 order and asked the poll panel to consider its adjournment plea, given the case was pending before the judges.
To this, Senior Advocate Arvind P Datar, appearing for the Election Commission, said that if there is a complaint filed under The Election Symbols (Reservation and Allotment) Order, the poll panel has to take a decision on it.
The court, however, said that it will not decide on the interim application at the moment and listed the case for hearing on September 27.