The Supreme Court on Wednesday refused to put a stay on the Election Commission of India's order on Shiv Sena, which means that the party name and the bow-arrow symbol will remain with Eknath Shinde's faction.
A 3-judge bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala issued a notice on a petition filed by the Thackeray faction challenging the EC's order which recognised Eknath Shinde faction as the official Shiv Sena.
"Something which is a part of the order we can decide upon. We cannot stay an order at this stage.
"They've succeeded before the ECI. Any further action is not based on EC order. Then you have to pursue other remedies of law," CJI said.
Another jolt for Uddhav Thackeray
It was hopeful that the court would somehow stay the decision and hear it in detail. The only silver lining in the SC for Thackeray group is restrictions on issuing whip to MLAs from its camp.
While listening to the petition of Uddhav Thackeray, Court has asked Shind egroup to file its say. But at the same time it has not stayed the EC order.
"We will present our side in court. EC order is judicious and we are sure that SC will also give us justice after hearing our side," said Member of Parliament of Shivsena Shinde group Rahul Shewale.
Reacting to the SC hearing, Uddhav camp's MLC Anil Parab said that the court has clearly stopped Shinde egroup from issuing whip. "We are sure that hearing all the arguments, SC will stay the EC order," said Parab.
Shinde group will get two weeks to file its say. Budget session of Maharashtra legislation will start on February 27th.
Shinde's lawyer said in SC that they won't issue whip or initiate whip related action against Thackeray camp MLAs. That's the only relief Thackeray camp has received in SC on Tuesday.
Thackeray's allowed to keep Shiv Sena UBT
The top court also refused to restrain the Shinde-faction from taking over properties and finances of Shiv Sena.
“This will amount to staying the EC order and we can't do that since they have succeeded there”, CJI Chandrachud said.
Uddhav Thackeray's faction however, has been allowed to retain the flaming torch symbol and will be called Shiv Sena UBT at least until the by-elections in Maharashtra assembly on February 26.
