ECI delivers a body blow to both the warring Sena factions, freezes party symbol and prevents them for using name Shivsena

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New Delhi: Delivering a major body blow to both the warring factions of the Shivsena led by Chief Minister Eknath Shinde and Uddhav Thackeray, the Election Commission of India (ECI) in its interim order issued here late on Saturday evening, not only froze the ‘Bow and Arrow’ election symbol of the party, it also asked the two warring factions to desist from using the party name ‘Shivsena’ till the matter is disposed off finally.

Citing past precedents, the ECI has asked the two warring factions to submit three choices of names, anyone of which may be approved by it and indicate names of any three free symbols as their election symbol latest by October 10.

The 12-page interim order was issued late in the evening by ECI Election Commissioner, Anup Chandra Pandey and Chief Election Commissioner, Rajiv Kumar after having given the Uddhav Thackeray faction time till 2 pm today to furnish detailed documents in support of their claims.

The ECI gave its interim order in the Dispute Case No. 01 of 2022 – Dispute in Shivsena – dispute under Paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968. Eknath Sambhaji Shinde and others Vs. Uddhav Thackeray and others, which reads as follows:

“Accordingly, in order to place both the rival groups on even keel and to protect their rights and interests, and going by the past precedence, the Commission hereby makes the following Interim Order, to cover the purpose of the current Bye-elections (read 166-Andheri East assembly constituency due to be held on November 3) and to continue till the final determination of the dispute in the matter in terms of Para l5 of the Symbols Order –

Neither of the two groups led by Eknath Sambhaji Shinde (Petitioner) and other led by Uddhav Thackeray (Respondent) be permitted to use the name of the party “Shivsena” simplicitor;

Neither of the two groups shall also be permitted to use the symbol “Bow & Arrow”, reserved for “Shivsena’;

Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party “Shivsena”; and

Both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the Election Commission for the purposes of the current bye-elections.

Accordingly, both the groups are hereby directed to furnish, latest by 01:00 PM on 10th October, 2022.”

Furthermore, taking note of the November 3, byelection to the 166-Andheri East assembly constituency, the ECI has in its interim order further stated –

“The names of their groups by which they may be recognized by Commission and to this end, give three options in order of preference, anyone of which may be approved by the Commission and;

The symbols which may be allotted to the candidates set up, if any, by the respective groups. They may indicate the names of three free symbols, in the order of their preference, anyone of which may be allotted to their candidates by the Commission.”

The ECI in its interim order states that “it is evident that there is a split in the Shivsena one group of which is being led by Eknath Sambhaji Shinde and the other group is being led by Uddhav Thackeray, both the groups claim to be the real Shivsena with their leader being the alleged President of Shivsena party”;

“Further, during the on-going dispute among the members of Shivsena, leaders of both the groups have expelled/ disqualified the members of the other group which led to enhancement of the dispute between both the rival groups. Eknath Shinde states that this act of expelling or disqualifying the members of Shivsena by the leaders of both the group itself shows the split between the Shivsena party;

On 07.10.2022, Advocate Vivek Singh, counsel for Uddhav Thackeray, referred to the Commission’s letter dated 29.09.2022 and filed a preliminary reply at 04:35 PM, wherein it was informed that due to the large quantum of documents, it was difficult to file reply within stipulated time including the fact that the documents filed by the other group has not been supplied despite repeated requests.”