Shiv Sena row: Why not await EC decision on 'bow and arrow' election symbol, asks HC

Hearing a petition by former Maharashtra chief minister Uddhav Thackeray against the Election Commissions interim order freezing Shiv Senas name and election symbol the Delhi High Court on Monday asked why it should not wait for the final decision of the poll panel on the dispute between the party factionsJustice Sanjeev Narula observed that the court would ask the EC to decide the issue of allotting the bow and arrow symbol in a timebound manner and both factions can put their contention before the election panelAdvocate Sidhant Kumar appearing for Election Commission said that it was a constitutional body and a specific timeline to arrive at a decision may not be directedSenior counsel appearing for the rival faction leader Eknath Shinde claimed that there was no need for the high courts interference at this stage when the interim direction has worked itself out after the conclusion of the Andheri East assembly byepoll and now the ball is in the Election Commissions courtEarlier this year Shinde had raised a banner of revolt against Thackeray accusing him of entering into an unnatural alliance with the Congress and NCP Over 40 of the Shiv Senas 55 MLAs had supported Shinde forcing the resignation of Thackeray from the post of Maharashtra Chief MinisterAlso Read Gujarat Assembly polls Kejriwal asks people not to waste votes on CongressThe Election Commission EC in its October 8 interim order had barred the Shiv Sena factions led by Thackeray and Shinde from using the party name and election symbol in the Andheri East assembly byepollJustice Narula on Monday observed that the court would ask the EC to decide the issue of allotting the bow and arrow symbol to one of the factions in a timebound manner while noting that the two competing groups were given separate election symbols by the EC to contest the byepollsThat EC order was for the purpose of the byeelection Is there a final adjudication No The interim order has run its life out When the byeelections have already taken place why should the court not await the final view of the EC the judge observedThey Shinde have approached the EC Elections have been conducted Only question is that you are without the symbol and you say you are the political party I took note of that fact the only answer then is please decide it expeditiously he further saidThe court observed that the petitioner can raise all contentions before the EC and challenge the final order if the need arisesThe court listed the case for further hearing on November 15 and asked the parties to file a brief note of submissionsSenior advocate Kapil Sibal appearing for the petitioner contended that the EC could not be permitted to proceed on the assumption that Shinde has not been disqualified when the issue is pending before the Supreme CourtIt was claimed on behalf of the petitioner that the EC order was passed without hearing them in the absence of a prima facie case in favour of the Shinde factionSibal contended that the case raised substantive issues and the EC should first rule on the issue of maintainability of Shindes claim before passing a final orderStatus quo has been altered Expeditious disposal will mean he EC will decide the matter in their favour He has not even taken into consideration my objections Sibal saidSenior counsel Devdatt Kamat also appearing for the petitioner claimed that the petitioners political activity has come to a standstill and daytoday prejudice was being caused due to the freezing orderWe have filed over 15 lakh affidavits of organisational and primary members They have filed about 15 lakh 2 lakh All 40 legislators in Shindes favour are under a cloud They have incurred disqualification he saidI have run this party for the last 30odd years Unless the ECI is satisfied that they have made out a prima facie case it cannot freeze the election I cant today use the name and symbol of my father Kamat contendedSenior advocate Neeraj Kishan Kaul appearing for Shinde contended that the petitioner has already argued the same issues before the Supreme Court which refused to stay the EC proceedings and the scope of judicial review against the EC order was restricted as there is a presumption of validity unless one shows gross arbitrariness or serious malafideKaul also opposed the petitioners claim that there was a violation of natural justice saying despite repeated opportunities since July you petitioner did not file the documentsThe EC in its wisdom passes an order not giving the symbol to either but giving them an independent symbol of which choices were given by them the senior advocate saidSenior advocate Rajiv Nayar also appearing for Shinde added the EC order was passed in view of the byepolls and that direction has worked itself outThe EC addressed a communication that all papers should be completed by November 23 because the Supreme Court said there is no stay and EC will decide The ball is in EC court he addedThackeray had approached the high court last month seeking quashing of the EC order freezing the party name Shiv Sena and its election symbol bow and arrowThe petition has said that in this case without affording an opportunity to be heard despite an application of the petitioner requesting an oral hearing EC displayed undue haste and passed the order freezing the symbol of Bow and Arrow of the political party Shiv Sena led by Uddhav ThackerayThe symbol is intrinsically identified with the party having been used by it since the inception of the party in 1966It is pertinent to note here that the said symbol was developed designed and copyrighted by Late Balasaheb Thackeray the plea saidThe freezing of the symbol is actuated by malice in law and is erroneous as the preliminary reply filed by the petitioner before EC clearly shows that the petition there was not maintainable at the behest of Shinde the plea by Thackeray saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or 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