Supreme Court refuses to stay Election Commission order recognising Shinde faction as real Shiv Sena [22.2.2023]

The Supreme Court Wednesday refused to stay the Election Commission order recognising the Eknath Shinde-led bloc as the real Shiv Sena and issued a notice to the group headed by the Maharshtra chief minister on the plea of the rival Uddhav Thackeray camp challenging the poll panel's decision.

A bench headed by Chief Justice D Y Chandrachud took note of the submissions of senior advocate Kapil Sibal, appearing for Thackeray, and sought response of the faction led by Maharshtra Chief Minister Shinde.

The counsel for the Shinde faction told the bench, also comprising Justices P S Narasimha and J B Pardiwala, that it will not issue any whip or initiate process to disqualify the lawmakers of the Thackeray faction in the meantime.

All right, issue notice. The counter affidavit will be filed within two weeks, the bench said.

While issuing notice, the bench, however, refused to stay the decision of the poll panel acknowledging the Shinde faction as the real Shiv Sena, saying it cannot be done without hearing the other side.

The top court had on Tuesday agreed to hear the plea of the Thackeray camp against the Election Commission's decision.

Besides recognising the Shinde-led bloc as the real Shiv Sena, the poll panel had also ordered allotment of the party's original 'bow and arrow' poll symbol to it.

22 Feb 2023