The Supreme Court on Tuesday refused an urgent hearing on the Shiv Sena faction led by former CM Uddhav Thackeray against the Election Commission's decision in favour of the rival group led by Chief Minister Eknath Shinde to recognise it as the real Shiv Sena with "bow and arrow" poll symbol. Senior advocate Amit Anand Tiwari mentioned the matter before a bench headed by Chief Justice DY Chandrachud, seeking an urgent hearing.
"Wait for the Constitution bench on Jammu and Kashmir to get over and we will give a date," said the bench, which also comprised Justice JB Pardiwala and Justice Manoj Misra.
The petition contended that the poll panel erred in holding that disqualification under the Tenth Schedule and proceedings under the Symbols Order operate in different spheres and that disqualification of MLAs is not based on cessation of membership of a political party.
It also submitted that the poll panel erred in holding that there was a split in the Shiv Sena. The poll panel had recognised the Eknath Shinde-faction as the real Shiv Sena and ordered the allocation of the 'bow and arrow' election symbol of the undivided party founded by the late Balasaheb Thackeray.
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