“Well-Reasoned Order”: EC To Supreme Court On Shiv Sena Symbol Allotment


New Delhi: The Election Commission on Wednesday justified its decision to allot the Shiv Sena’s bow& arrow symbol to the Eknath Shinde camp, saying it passed the order in a quasi-judicial capacity.

In a submission to the Supreme Court, the EC said it was a “well-reasoned order and covered all the issues raised by the Uddhav camp”.

The CJI DY Chandrachud-led Constitution bench, comprising  Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha, asked the Shinde camp that if the MLAs of the Shinde camp had objections to Uddhav’s alliance with the Congress-NCP, why did they stay with the Uddhav government for three years?

Soon after the hearing, Uddhav Thackeray said: “Maharashtra was not shaped by Modiji but by Chhatrapati Shivaji Maharaj. The three pillars of democracy have collapsed. Media has Lotus [BJP’s election symbol] in their hand instead of pen.

The only hope left is the judiciary and Supreme Court. Judiciary won’t let the downfall of justice happen.”

Uddhav Thackeray had previously moved the Supreme Court, opposing the Election Commission’s decision to allot the name and symbol of Shiv Sena to the Shinde faction.

During the hearing, the counsel for Uddhav Thackeray’s faction argued that they had the support of a majority of the party’s members and had been recognized as the real Shiv Sena by the party’s founder, Bal Thackeray. They also argued that the Eknath Shinde-led faction had been formed through illegal means.

On the other hand, the counsel for the Eknath Shinde-led faction argued that they had the support of a majority of the party’s MLAs and had been recognized by the Election Commission as the real Shiv Sena. They also argued that Uddhav Thackeray’s faction had been formed without following due process.

However, the Supreme Court refused to accept the Eknath Shinde-led faction as the real Shiv Sena and allowed the Thackeray faction to retain the name Shiv Sena (Uddhav Balasaheb Thackeray) and the election symbol of ‘burning torch’ until further orders.

The Election Commission’s order came in February in response to a request by the Eknath Shinde faction to allot the bow and arrow symbol to them for the upcoming municipal council elections in the state. The commission reviewed the request and found that the Eknath Shinde faction had a larger number of supporters in the local council area where the elections were to be held.

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