The Supreme Court on Tuesday refused an urgent hearing on the Uddhav Thackeray faction’s plea challenging the Election Commission’s decision to recognise the Eknath Shinde-led bloc as the real Shiv Sena and allotting to it the ‘bow and arrow’ poll symbol.
Senior advocate Amit Anand Tiwari mentioned the matter before a bench headed by Chief Justice DY Chandrachud, seeking an urgent hearing.
“Wait for the Constitution bench on Jammu and Kashmir to get over and we will give a date,” the bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, said.
The petition contended that the poll panel erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political party.
It also submitted that the poll panel erred in holding that there was a split in the Shiv Sena.
The poll panel had recognised the Eknath Shinde-faction as the real Shiv Sena and ordered the allocation of the ‘bow and arrow’ election symbol of the undivided party founded by the late Balasaheb Thackeray.