EC Is Free To Proceed With Adjudication Of Dispute- Delhi HC Disposes Of Uddhav Thackeray's Plea On Shiv Sena's Name & Symbol
The Delhi High Court has disposed of the appeal by former Maharashtra Chief Minister Uddhav Thackeray challenging a Single Judge's decision dismissing his plea against an Election Commission interim order freezing the Shiv Sena name and election symbol.
The Division Bench of the High Court has held that the Election Commission is free to proceed with the adjudication of the dispute.
"It is pertinent to mention that the two preliminary issues which are sought to be raised by the Appellant are pending before the Apex Court in Writ Petition (Civil) 493/2022, yet the Apex Court vide Order dated 27.09.2022 in IA Nos.101776-77/2022 has held that there shall be no stay on the proceedings before the Election Commission of India. Therefore, the Election Commission of India is free to proceed with the adjudication of the dispute pending before it.", the bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed.
The Court further added that the Election Commission will proceed in accordance with the procedure followed by the Commission while adjudicating a petition under Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
Senior Advocates Kapil Sibal and Devadatt Kamat had appeared for the appellant whereas Advocates Sidhant Kumar, Manyaa Chandok, Shivanker Rao, and Vidhi Uday Shanker appeared for EC.
Thackeray had claimed that the Single Judge's November 15 order, by which it had also directed the EC to expedite the proceedings, is "erroneous" and liable to be set aside.
The single bench, in its order, had said that there was "no procedural infraction" in the EC's order freezing the Shiv Sena's name and election symbol following a "split" in the party.
It had said the commission passed the freezing order in view of urgency in respect of allotment of symbol on account of announcement of bypolls and the petitioner, who repeatedly took time to furnish necessary documents, now cannot allege violation of principles of natural justice and criticise the poll panel.
Cause Title- Uddhav Thackeray v. The Election Commission of India & Anr