In a premeditated move, the Uddhav Thackeray-led Shiv Sena moved the Election Commission and appealed to hear it regarding keeping the party's symbol bow and arrow before considering any demands made by the Eknath Shinde-led faction, sources said on Monday.
Shiv Sena leader Anil Desai, in a recent letter to the Election Commission, has urged the Shiv Sena to be heard in the matter of claims of the party's election symbol, bow and arrow. "It is kind of a caveat," an EC functionary said. Chief Minister Eknath Shinde had led a rebellion in the Shiv Sena late last month and left the party along with 40 MLAs.
Read | DNA Explainer: Who will be recognised as 'real Shiv Sena', Uddhav or Shinde faction?
He had the support of 10 independent MLAs, which led to the fall of the Thackeray-led Maharashtra Vikas Aghadi government. Shinde took oath as Chief Minister on June 30, supported by the Bharatiya Janata Party (BJP). He won the trust vote in the assembly on July 4.
Who decides on keeping the election symbol?
According to the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission of India will take the final call as to who will get to keep the party symbol and which faction will be recognised as the real Shiv Sena. However, if any of the party is not satisfied then they can approach the courts.
The Election Commission will take into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard and also after examining precedents in such disputes will give a verdict. The decision of the Election Commission shall be binding on both the factions.
Possibility of split in Shiv Sena parliamentary party
In the Maharashtra Assembly, Shinde has claimed to be the 'original' Shiv Sena on the basis of the support of more than two-thirds of the legislators. There is also a split in the Shiv Sena parliamentary party, with at least 14 MPs considering the option of joining the faction led by Eknath Shinde.
Eknath Shinde is trying to gain control over the municipal bodies and municipal corporations occupied by Shiv Sena and also wants to gain an edge over the organisation. Thackeray had doubled down on his attempt to retain control over the Shiv Sena, founded by his father, the late Balasaheb Thackeray, 56 years ago.
Thackeray trying to unite Shiv Sena
Thackeray and his son Aaditya are meeting party leaders and are also visiting parts of Maharashtra to save the organisation from further damage. In a relief to Shiv Sena MLAs belonging to the Uddhav Thackeray faction, the Supreme Court on Monday asked newly-elected Speaker of Maharashtra Legislative Assembly Rahul Narvekar not to proceed with a plea seeking their disqualification.
The Chief Minister Eknath Shinde group had sought disqualification of the MLAs of the Thackeray faction in the petition on the ground of defying the party whip during the trust vote and the election of the Speaker of the Assembly.
(With PTI inputs)
