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Who's the 'real' Shiv Sena? Uddhav moves SC to stay EC proceedings

The Election Commission cannot proceed in the matter since cases are pending before the top court, the Uddhav Thackeray group said.

Uddhav moves SC to stay EC proceedings
Uddhav moves SC to stay EC proceedings
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Published : Jul 25, 2022, 12:49 PM IST

Updated : Jul 25, 2022, 3:51 PM IST

New Delhi: The Uddhav Thackeray faction of the Shiv Sena moved the Supreme Court on Monday, seeking direction to stay the proceedings before the Election Commission on Eknath Shinde’s group plea for recognition as real Shiv Sena.

The Thackeray group in its plea said that the Election Commission cannot proceed in the matter since cases are pending before the top court. Earlier, the Election Commission told both the Sena groups to give documentary evidence to prove who represents the 'real' Shiv Sena party by August 8. The Uddhav Thackrey faction has filed an application in the Supreme Court through General Secretary of Shiv Sena, Subhash Desai, seeking to implead ECI in the petitions challenging the governor's decision to invite Eknath Shinde to form government and assembly proceedings on 3-4 July.

Also read: Shinde group not following constitutional path: Sena MP Arvind Sawant

The plea seeks ECI's impleadment, as the ECI, on Eknath Shinde's request, has initiated proceedings for recognition of Shinde's faction as the "real Shiv Sena" and their claim over the party symbol. "The Hon'ble ECI was also informed that since the very status of the persons making the petition before it as members of the Legislative Assembly is currently indeterminate and the issue is itself pending decision before this Hon'ble court, these persons cannot be considered as MLAs of Shivsena and their claim or affidavits in this regard cannot be relied upon, and therefore, the Hon'ble ECI should not proceed with the matter at this stage," read the application.

The Thackrey faction contends that if ECI continues with the proceedings then it will cause "irreparable injury" to them and lead to contempt of court as the matter is sub judice. The pleas pertaining to the Maharashtra crisis are scheduled to be heard by CJI NV Ramana-led bench in the first week of August.

New Delhi: The Uddhav Thackeray faction of the Shiv Sena moved the Supreme Court on Monday, seeking direction to stay the proceedings before the Election Commission on Eknath Shinde’s group plea for recognition as real Shiv Sena.

The Thackeray group in its plea said that the Election Commission cannot proceed in the matter since cases are pending before the top court. Earlier, the Election Commission told both the Sena groups to give documentary evidence to prove who represents the 'real' Shiv Sena party by August 8. The Uddhav Thackrey faction has filed an application in the Supreme Court through General Secretary of Shiv Sena, Subhash Desai, seeking to implead ECI in the petitions challenging the governor's decision to invite Eknath Shinde to form government and assembly proceedings on 3-4 July.

Also read: Shinde group not following constitutional path: Sena MP Arvind Sawant

The plea seeks ECI's impleadment, as the ECI, on Eknath Shinde's request, has initiated proceedings for recognition of Shinde's faction as the "real Shiv Sena" and their claim over the party symbol. "The Hon'ble ECI was also informed that since the very status of the persons making the petition before it as members of the Legislative Assembly is currently indeterminate and the issue is itself pending decision before this Hon'ble court, these persons cannot be considered as MLAs of Shivsena and their claim or affidavits in this regard cannot be relied upon, and therefore, the Hon'ble ECI should not proceed with the matter at this stage," read the application.

The Thackrey faction contends that if ECI continues with the proceedings then it will cause "irreparable injury" to them and lead to contempt of court as the matter is sub judice. The pleas pertaining to the Maharashtra crisis are scheduled to be heard by CJI NV Ramana-led bench in the first week of August.

Last Updated : Jul 25, 2022, 3:51 PM IST

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