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Synopsis

The Delhi High Court has refused to stay the single judge bench's order dismissing a plea filed by Shiv Sena leader and the former Chief Minister of Maharashtra Uddhav Thackeray challenging the Election Commission's order freezing the Shiv Sena's party symbol 'Bow and Arrow'.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held, “There shall be no stay on the proceedings before the Election Commission of India. Therefore, the Election Commission of India is free to proceed with the adjudication of the dispute pending before it.”

“It is needless to state that the Election Commission of India will proceed in accordance with the procedure followed by the Commission while adjudicating a petition under Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968”, it added.

On Thursday the division bench had reserved orders in the plea by Uddhav Thackeray.

During the course of the hearing, Senior Advocate Kapil Sibal appearing for Thackeray submitted that the only concern Thackeray had with the order is that the Single Judge said that preliminary objections over the maintainability of the petition before the Election Commission of India could not be raised and the same will be decided by the ECI on its own.

Given the above, Sibal said, "How can they object to the preliminary issue, I just want this clarification in the order. Nothing more than this." Sibal informed the bench that before the election commission the objection was that the matter is pending before the Supreme Court. The preliminary objection was that they say that there are two factions, and there is no faction, he said.

"Additionally, the Supreme Court says that the proceedings may go on and they'll not say anything, petitioner can raise whatever objection they want to. Thackeray just wants the proceedings to be conducted in accordance with the law", Sibal added.

"I only say that when my symbol was frozen the commission didn't hear me. Never in the history of the Election Commission, an order has been passed without hearing the parties," he further submitted.

It may be noted that Thackeray moved the Delhi High Court against EC's order passed in a pending matter between the Thackeray and Eknath Shinde factions as both of them have claimed the party name and symbol after the recent crackdown in the party. Wherein, the Court, while dismissing the plea, had asked the Election Commission to expeditiously decide the matter pertaining to the allotment of party symbol and name.

Thackeray has alleged the EC's action was in complete violation of the principles of natural justice. The order has been passed without granting any hearing to the parties and without granting an opportunity to lead evidence, his plea stated.

The plea alleged that EC displayed undue haste and passed the order freezing the symbol of 'Bow and Arrow' of the political party Shiv Sena led by the petitioner, which symbol is intrinsically identified with it, having been used by it since the inception of the party in 1966.

Case Title: Uddhav Thackeray v. Election Commission of India & Anr.