In a petition to Delhi High Court, former Maharashtra Chief Minister Uddhav Thackeray has called Election Commission’s order of freezing his party’s name and the ‘bow and arrow’ for the Andheri East bypoll “illegal.”
Due to EC’s October 8th order, Thackeray’s council submitted on Monday that Shiv Sena’s “political activities have come to a standstill,” Live Law reported.
To a Bench of Justice Sanjeev Narula, Thackery’s council said that the EC could not have passed the order without satisfying the parameters in the Election Symbols (Reservation and Allotment) Order.
On behalf of Thackery, his council said, “I am the party’s president and I have run this party for last 30 years. Unless the ECI is satisfied that they have made out a prima facie case, it cannot freeze the election symbol,” according to Live Law.
To this, Justice Narula said that the petitioner’s rights are still open and as final order has yet to be passed. Only an interim order has been passed by the commission as of now.
The court said directed the matter to EC for deciding on it expeditiously, keeping in view the submissions made by Thackeray’s council before the court.
The matter has been listed for hearing on Tuesday and the court has asked the parties involved to keep submissions ready.
The court was hearing petitions contending the commission’s October 8th order and calling it a completed violation of principles of natural justice. The parties as well as its members did not get a hearing, the petition highlighted.
The EC decided that the 2 factions of Shiv Sena — one led by Thackery and the other one by Maharashtra Chief Minister Eknath Shinde — would not be allowed to use the same name and symbol for the Andheri East by-poll. This was to be implemented till a final order was passed by the commission.
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