Former Maharashtra Chief Minister Uddhav Thackeray on Monday appealed to the Supreme Court against an order of the Election Commission (EC) recognising current Chief Minister Eknath Shinde’s “faction” as the real Shiv Sena party.
Mr. Thackeray, represented by senior advocate A.M. Singhvi and advocate Amit Anand Tiwari, said the EC was “unfair”, “biased” and failed in its duties as a “neutral arbiter of disputes” under the Election Symbols (Reservation and Allotment) Order of 1968.
On February 17, the top poll body allotted the party symbol “bow and arrow” and the name “Shiv Sena” to the Shinde group. The EC order was based on proceedings under Paragraph 15 of the 1968 Order, which empowered it to identify the “recognised political party” from among rival factions or splinter groups.
Inner-party democracy
But Mr. Thackeray said the EC’s decision amounted to an interference with the party’s 2018 Constitution and results of the intra-party polls, following which Mr. Thackeray was made leader. The EC had refused to recognise the party Constitution as “sacrosanct”, even termed it an instrument of “fiefdom” and allowed Mr. Shinde to take over the leadership. Thus, a constitutional authority has undermined the very principles of inner-party democracy, he argued.
“The EC order allows Mr. Shinde to take over the leadership of the party without duly contesting intra-party elections in accordance with the party constitution, and is against the principles of inner-party democracy,” the petition said.
