ECI delivers a mixed-bag verdict, allots Flaming Torch to Uddhav faction, while approves Balasahebanchi Shivsena name to Shinde faction

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New Delhi: Delivering a mixed-bag of a sort of verdict in the ‘Dispute in Shivsena’ case, the Election Commission of India (ECI) in its interim order on Monday approved the ‘Flaming Torch’ as the election symbol for the Uddhav Thackeray led faction while also approving its new name ‘Shivsena Uddhav Balasaheb Thackeray’. On the other hand, the ECI approved the new name of ‘Balasahebanchi Shivsena’ for the Eknath Shinde faction. However, it turned down the three election symbols submitted by the Shinde faction asking them to submit a fresh list of three symbols by 10.00 am on October 11.

The ECI delivered two separate interim orders on Monday evening, one for the Uddhav Thackeray led faction and the other for the Eknath Shinde led faction. The interim order for the Uddhav Thackeray led faction is valid till the final order is not passed by the ECI in the disputes case.

In its interim order passed on the plea of the Uddhav Thackeray faction, the ECI noted that the name ‘Shivsena (Balasaheb Thackeray) cannot be allotted as this is also the first preference of the other group led by Eknath Sambhaji Shinde.

“The Commission has accepted your second choice and allotted the name ‘Shivsena (Uddhav Balasaheb Thackeray) for your group”, notes the ECI in its interim order.

In respect to the three choices of election symbols submitted by the Thackeray faction, the ECI in its interim order pointed out that the symbols submitted are not from the list of free symbols as notified on September 23, 2021.

The ECI stated that the symbol ‘Trishul’ as mooted by the Thackeray faction cannot be allotted as “it has religious connotations”. The same symbol has also been furnished as the first preference by the Shinde faction and the symbol is also not included in the list of free symbols of the ECI.

In the case of the symbol ‘Rising Sun’, the ECI also turned down the plea on the grounds that it is already the reserved symbol of the ‘Dravida Munnetra Kazhagam’ (DMK) a recognised political party in Tamil Nadu and Union Territory of Puducherry. There is a restriction on allotment of symbols reserved for state parties in states where such parties are not recognised.

On the choice of ‘Flaming Torch’, the ECI pointed out that the said symbol was an erstwhile symbol of the ‘Samata Party’ which has been derecognised as a state party in 2004. Hence, the ECI in its interim order stated that it has decided to declare ‘Flaming Torch’ to be a free symbol and allots it as the symbol to be allotted to the candidate set up, if any, by your group in the current by-elections (November 3, Andheri East assembly constituency) till final order is passed in the ‘Dispute case’ number 1 of 2022.

In its interim order in regards to the plea of the Shinde faction, the ECI while turning down its recommendation of allotment of ‘Shivsena (Balasaheb Thackeray) as its new name, as the same name has also been the first preference of the Thackeray faction. “The Commission has accepted your second choice and allotted the name ‘Balasahebanchi Shivsena’ for your group”, states the ECI in its interim order.

On the issue of the choice of the three symbols mooted by the Shinde faction to the Commission, the ECI rejected all the three symbols – Trishul, Rising Sun and Gada. The Commission denied the symbols of ‘Trishul’ and ‘Gada’ citing that ‘as it has religious connotations.

For the symbol of ‘Rising Sun’ it again has argued that the same symbol is already a reserved symbol of the DMK in Tamil Nadu and Puducherry and hence cannot be allotted. The ECI has asked the Shinde faction to submit a fresh list of three symbols from the free symbols list by 10.00 am on October 11.

In the 2019 Assembly elections to the Andheri East assembly constituency, Shivsena’s Ramesh Latke had defeated his nearest Independent rival Murji Patel by a margin of 16,965 votes. Latke had polled 62,773 votes as against 45,808 votes polled by Patel. The other Congress candidate who came third, Amin Jagdish Kutty had polled 27,951 votes.

In the 2014 Assembly elections, Sena’s Latke had defeated his nearest BJP rival Sunil Yadav by a margin of 5,379 votes. Latke had then polled 52,692 votes as against 47,313 votes polled by Yadav. While former Congress minister Suresh Shetty who came third had polled 37,895 votes.

The BJP has announced the candidature of its former BMC corporator Murji Patel for the November 3 by-poll. While the Sena has announced the candidature of Rutuja Ramesh Latke for the by-poll. The Maha Vikas Aghadi (MVA) allies of the Sena, the Congress and Nationalist Congress Party (NCP) have pledged their support to the Thackeray faction.

As per the by-election programme announced by the ECI, the last date for filing of nomination papers is October 14, scrutiny of nomination papers will be taken up on October 15, the last date for withdrawal of nomination papers is October 17, polling will be held on November 3 and counting of votes and result will be declared on November 7.