Uddhav Camp Moves SC, Seeks Stay on EC Order on Determining 'Real' Shiv Sena
The Thackeray group has plead that the EC cannot proceed till there is a decision on disqualification of rebel MLAs.
The Uddhav Thackeray camp of the Shiv Sena on Monday, 25 July, moved the Supreme Court seeking directions to stay the Election Commission proceedings on the Eknath Shinde-led faction's plea for recognition as the 'real' Shiv Sena.
The Thackeray group said in its petition that the EC cannot proceed in the matter till there is a decision on disqualification of rebel MLAs in the apex court, as per Bar and Bench.
The plea notes that the faction, "seeking to be recognised as the real Shiv Sena" by the ECI, and are claiming the right to use the election symbol allotted to Shiv Sena – "bow and arrow."
The applicants have asked the EC to stay the proceedings, as "the very status of the persons making a Petition before it as Members of the Legislative Assembly is currently indeterminate and said issue is itself pending before this Hon'ble Court, these persons cannot be considered MLAs of Shivsena and their claim or affidavits in this regard cannot be relied upon."
This comes after the EC on Friday asked Shiv Sena chief Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde to submit documents to the body, proving that they enjoy a majority in the party.
This had come after the Supreme Court on Wednesday ordered that the status quo on disqualification notices moved by the two camps against legislators in the opposite side will continue.
The Supreme Court issued notices to all parties and sought their response to the six petitions filed in the matter.
The next hearing in the case is scheduled for 1 August. Until then, the Maharashtra speaker has been asked not to deal with the MLA disqualification pleas.
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