The Supreme Court on Wednesday refused to put a stay on the Election Commission of India’s order on Shiv Sena, which means that the party name and the bow-arrow symbol will remain with Eknath Shinde’s faction.
A 3-judge bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala issued a notice on a petition filed by the Thackeray faction challenging the EC’s order which recognised Eknath Shinde faction as the official Shiv Sena.
“Something which is a part of the order we can decide upon. We cannot stay an order at this stage.
“They’ve succeeded before the ECI. Any further action is not based on EC order. Then you have to pursue other remedies of law,” CJI said.
The top court also refused to restrain the Shinde-faction from taking over properties and finances of Shiv Sena.
“This will amount to staying the EC order and we can’t do that since they have succeeded there”, CJI Chandrachud said.
Uddhav Thackeray’s faction however, has been allowed to retain the flaming torch symbol and will be called Shiv Sena UBT at least until the by-elections in Maharashtra assembly on February 26.