Former Chief Minister Uddhav Thackeray on Thursday questioned the Election Commission’s jurisdiction to allot the Shiv Sena party symbol and name to the Eknath Shinde group.
Appearing before a Constitution Bench led by Chief Justice of India D.Y. Chandrachud, senior advocate Kapil Sibal, for Mr. Thackeray, argued that Paragraph 15 of the Election Symbols (Reservation and Allotment) Order of 1968 only came to play if there were claims of “rival factions” within a political party.
“The jurisdiction of the Election Commission begins only when there are claims of rival groups within a political party. There is not a whisper of any rival groups. There are only 39 MLAs whose disqualifications are pending. The issue was then pending before the court,” Mr. Sibal submitted.
Governor’s role
He highlighted the “role” played by the Governor in the fall of an elected government in Maharashtra last year.
He contended that the Governor had no discretion to give an audience to rebel legislators facing disqualification proceedings and swear them in.
“Uddhav Thackeray was the president of the Shiv Sena. In what capacity did the Governor give an audience to Eknath Shinde and give him oath as Chief Minister? The Governor by action recognised the split, which is not a defence under the Tenth Schedule... It was not then a stage when the government had fallen. The elected government was running at the point of time,” Mr. Sibal contended.
The court asked whether the Governor could call for a trust vote when the strength of a House had fallen with many MLAs incurring disqualification. Mr. Sibal responded it was up to the representatives in the House to approach the Governor for a trust vote, and not for the Governor to take the initiative.
