“ECI failed to consider that his faction enjoys majority in Legislative Council, Rajya Sabha”: Uddhav Thackeray in Supreme Court

New Delhi [India], February 20 (ANI): Maharashtra leader Uddhav Thackeray on Monday filed a plea in Supreme Court against Election Commission’s move to allot the party name “Shiv Sena” and the symbol “bow and arrow” to the faction led by Maharashtra Chief Minister Eknath Shinde, saying the polling body “failed” to consider that his faction enjoys a majority in the Legislative Council and Rajya Sabha.

“The ECI has failed to consider that the petitioner enjoys a majority in the Legislative Council (12 out of 12) and Rajya Sabha (3 out of 3). It is submitted that in a case of this kind where there is a conflict even in the legislative majority i.e., Lok Sabha on one hand and Rajya Sabha on the other as well as Legislative Assembly and Legislative Council, more particularly, having regard to the fact that there is a possibility of the alleged members losing their right of membership, the legislative majority alone is not a safe guide to determine as to who holds the majority for the purposes of adjudicating a petition of the Symbols Order,” the plea said.

In these circumstances, it is respectfully submitted that the legislative majority test cannot be the test which can be applied for the purposes of determination of the present dispute, the plea further said.

In his plea, Thackeray also submitted that the legislative majority alone could not be the basis for passing the order by EC.

Challenging the EC decision, Uddhav Thackeray said that the poll panel was erroneous in its decision and said that the entire edifice of the “impugned order” (EC’s decision) is based upon the purported legislative majority of Shinde which is an issue to be determined by the top court in the Constitution Bench.

Uddhav Thackeray-led faction of Shiv Sena on Monday has moved the Supreme Court with its plea seeking an urgent hearing on the petition challenging against Election Commission’s move to allot the party name “Shiv Sena” and the symbol “Bow and Arrow” to the faction led by Maharashtra Chief Minister Eknath Shinde.

Uddhav Thackeray said that ECI has erred in holding that there is a split in the political party and submitted “in the absence of any pleadings and evidence that there was a split in a political party, the finding of the ECI is completely erroneous on this ground.”

“The test of legislative majority adopted by the ECI could not have been applied at all in view of the fact that the disqualification proceedings were pending against the legislators supporting the Respondent. If in the disqualification proceedings, the legislators are held to be disqualified, there is no question of these legislators then forming a majority. Thus, the basis of the impugned order itself is constitutionally suspect,” ECI said.

Uddhav Thackeray submitted that the ECI has failed to appreciate he “enjoys” overwhelming support in the rank and file of the party.

He said that his faction has an overwhelming majority in the ‘Pratinidhi Sabha’ which is the apex representative body representing the wishes of the primary members and other stakeholders of the party.

The Pratinidhi Sabha is the apex body recognized under Article VIII of the Party Constitution.

“The Petitioner enjoys the support of 160 members out of approximately 200 odd members in the Pratinidhi Sabha. The petitioner had demonstrated before the ECI an overwhelming majority by filing Affidavits of the members of the organizational wing of the party,” the plea said.

Raising questions on the Election Commission, Uddhav Thackeray said that the poll panel disregards the constitutionality test by holding that the Constitution of the party cannot be held sacrosanct as the same could not be said to be ‘democratic’.

Uddhav Thackeray submitted that the ECI has failed to discharge its duties as a neutral arbiter of disputes and has acted in a manner undermining its constitutional status.

The ECI has disregarded the party Constitution of 2018, which was admitted even by the Respondent Shinde to be the Constitution governing the parties, on the ground that such a constitution is undemocratic and that it was not communicated to the Commission.

These observations are totally erroneous as the amendments in the Constitution were categorically communicated to the Commission in 2018 itself, Uddhav Thackeray said.