Uddhav Thackeray moves Delhi High Court against Election Commission decision to freeze 'Shiv Sena' party name, symbol

Former Maharashtra Chief Minister Uddhav Thackeray has approached the Delhi High Court seeking a stay on the order passed by the Election Commission of India (ECI) freezing the 'Shiv Sena' party name and the bow and arrow symbol [Uddhav Thackeray v Election Commission of India and Anr]. .Thackeray’s alternate prayer is to allot his candidates the symbol chosen by them for the upcoming by-polls rather than restricting it to three choices that the ECI has given..The Eknath Shinde faction has also filed a caveat in the High Court. .The Uddhav Thackrey and Eknath Shinde factions have laid claim to the party name and symbol but the poll body passed an interim order on October 8 restraining both camps from using the 'Shiv Sena' party name and the symbol until it decides which among the two rival factions is entitled to use them..The restriction will apply for the upcoming bye-polls in the State.The order was passed by Chief Election Commissioner Rajiv Kumar and Election Commissioner Anup Chandra Pandey..The order stated the following: "a) Neither of the two groups led by Sh. Eknathrao Sambhaji Shinde (Petitioner) and other led by Sh. Uddhav Thackeray (Respondent) be permitted to use the name of the party "Shivsena" simplicitor; b) Neither of the two groups shall also be permitted to use the symbol "Bow & Arrow", reserved for "Shivsena'." The order added both the groups can choose names they desire in the interim including names having linkage with their parent party 'Shivsena'. "Both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the Election Commission for the purposes of the current bye-elections," it further said..The order was passed on a plea by the Shinde faction seeking decision on which is the real Shiv Sena - the Shinde camp or the Thackeray camp.This was after the Shinde and majority of Shiv Sena MLAs had withdrawn support to then Chief Minister (CM) Uddhav Thackeray leading to the fall of the Thackeray government..Uddhav Thackeray's petition has been filed through advocates Vivek Singh, Devyani Gupta and Tanvi Anand.Caveat from Shinde's side has been filed through advocates Chirag Shah, Utsav Trivedi, Manini Roy and Himanshu Sachdeva of TAS Law.

Uddhav Thackeray moves Delhi High Court against Election Commission decision to freeze 'Shiv Sena' party name, symbol

Prashant Jha

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