Read Time: 04 minutes

Synopsis

Supreme Court today said that it would hear the plea filed by Uddhav Thackeray faction against an order passed by the Election Commission of India allowing the Eknath Shinde-led faction to use the name 'Shiv Sena' and the symbol of 'bow and arrow' after it was done hearing the pleas challenging the abrogation of Article 370 of the Constitution of India.

The case was mentioned by Advocate Amit Anand Tiwari before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra.

"This is covered by the Constitution bench judgment..", Tiwari submitted before the bench.

"We will give a date after the Article 370 matter is done..this is not something that can be heard over 2 minutes and decided..", the CJI said. 

In February this year, Supreme Court had refused to stay the order passed by the Election Commission, saying that it could not allow a stay as the Eknath Shinde faction had succeeded before the Commission.

While the court had issued notice in the matter, it had allowed the liberty granted by the Election Commission to the Uddhav Thackeray faction to use the flaming torch symbol till the completion of the upcoming bye-elections.

The order of the Election Commission of India came after Eknath Shinde had approached the Election Commission with a plea to decide who the real Shiv Sena is. Earlier the Supreme Court had rejected the plea of Uddhav Thackeray led Shiv Sena to seek a stay on the proceedings of the Election Commission.

Eknath Shinde, leader of the Shiv Sena had rebelled against the former Chief Minister Uddhav Thackeray with 40 other MLA's which led to the fall of the Maha Vikas Aghadi (MVA) government. Eknath Shinde, is currently the Chief Minister of Maharashtra.

Case Title: Uddhav Thackeray Vs. Eknath Sambhaji Shinde & Anr.