HC reserves order on Uddhav's appeal against EC decision freezing party name

The Delhi High Court on Thursday reserved its order on an appeal by former Maharashtra chief minister Uddhav Thackeray challenging a single judges decision dismissing his plea against an Election Commissions EC interim order freezing the Shiv Sena name and election symbolThackeray claimed the single judges November 15 order by which it had also directed the EC to expedite the proceedings pending before it is erroneous and liable to be set asideA bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad after hearing the arguments of counsel for both the parties said We will pass appropriate ordersSenior advocate Kapil Sibal appearing for Thackeray submitted that the EC did not hear him while passing the order for freezing Shiv Senas name and election symbolNever in the history of the commission freezing order has been passed without hearing the party he arguedAlso Read Uddhav Thackeray faction seeks reference to 7judge bench in Supreme CourtThe senior counsel noted the single judge said in the order that there are two rival factions but it is my case that there are no two rival factions and Eknath Shinde current Maharashtra CM and rival group leader himself accepts the fact that Uddhav Thackeray is the president of Shiv SenaThe single judge bench had said in its order there was no procedural infraction in the ECs order freezing the Shiv Senas name and election symbol following a split in the partyIt had said the commission passed the freezing order in view of the urgency in respect of allotment of the 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 panelThere is a split between members of the Shiv Sena a recognised political party in the state of Maharashtra One group or faction is led by Eknathrao Sambhaji Shinde and the other by Uddhav Thackeray Both claim to be the president of the original Shiv Sena party and stake claim to its poll symbol of bow and arrow the single judge had noted in the orderBefore the division bench Shinde was represented by senior advocates Mahesh Jethmalani and Rajiv NayarThackeray in his appeal claimed there was no dispute on the leadership of the party and that Maharashtra Chief Minister Eknathrao Sambhaji Shinde himself admitted that Thackeray is and continues to be the rightfully elected president of the Shiv Sena political partyTherefore it cannot be said that there are two rival factionsOn October 8 the EC had passed an interim order barring the two Shiv Sena factions from using the partys name and its election symbol in the Andheri East assembly bypollThe commissions order was passed on a dispute petition filed by ShindeEarlier this year Shinde had raised a banner of revolt against Thackeray accusing him of entering into an unnatural alliance with the Congress and the Nationalist Congress Party NCPOver 40 of the Shiv Senas 55 MLAs had supported Shinde forcing Thackerays resignation as the chief ministerThackeray had assailed the ECs interim order on several grounds including lack of procedural fairnessThackerays petition accused the EC of showing undue haste in passing the order without affording an opportunity to him to be heard despite having filed an application requesting for an oral hearingHe had alleged the freezing order was actuated by malice in law and was erroneousThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever