Former Maharashtra chief minister Uddhav Thackeray on Monday moved the Delhi high court against the Election Commission of India (ECI) order freezing Shiv Sena’s “bow and arrow” symbol and the party name ahead of the Andheri East bypoll, even as the Shinde faction has hinted at fielding a candidate for the bypoll.
In his petition in the HC, Thackeray contended the ECI’s October 8 interim order was passed in complete violation of principles of natural justice and without granting any hearing to the parties and giving them an opportunity to lead evidence. “It has been the established past practice of Respondent No 1 (ECI), which is a quasi-judicial body, that any order freezing the election symbol during pendency of a petition is passed only after hearing the factions/parties before it,” the petition said.
The Election Commission directed the two Shiv Sena factions, led by Thackeray and chief minister Eknath Shinde, to not use the name “Shiv Sena” or symbol “bow and arrow” for the upcoming bypoll. The commission, during pendency of the dispute between the two factions about majority support in the Sena’s legislative and organisation wings, asked them to suggest by Monday three different name choices and also three free symbols for allocation to their respective groups.
While Shinde has the support of the 39 of the party’s MLAs and 12 of 19 Lok Sabha MPs, while Thackeray has 15 MLAs and 7 Lok Sabha MPs.
Thackeray’s petition, which has arrayed the ECI and CM Shinde as parties, sought quashing of the ECI order. “Since bye-elections have been notified in the State of Maharashtra for 166-Andheri East constituency for which the last date of nominations is October 14, 2022 and the date of poll is November 3, grave prejudice will be caused to the petitioner (Thackeray) and his party if the impugned order is not stayed,” the plea said.
The EC decision to freeze the symbol is likely to lead a body blow to the Shiv Sena in the Andheri East bypoll, and also in the elections to local bodies, including the Brihanmumbai Municipal Corporation elections, due later this year or in early 2023. These polls are a litmus test for both the Shiv Sena and the Shinde-BJP combine. Meanwhile, state education minister Deepak Kesarkar of the Shinde faction said that they may field a candidate for the bypoll, after the team Uddhav moved the Delhi high court earlier in the day on Monday over EC’s urgency in deciding the matter.
“We have not conceded the seat to the BJP though we have decided to fight the election as an alliance. Our option of contesting it is still open and the final call over it will be taken by top leaders from both the sides,” Kesarkar said.