No urgent hearing on election symbol: SC
New Delhi, July 3 -- The Supreme Court on Wednesday refused to grant urgent hearing to an application filed by the Uddhav Thackeray-led Shiv Sena faction to use the name "Shiv Sena" along with party symbol of bow and arrow in the upcoming local body elections in Maharashtra.
Directing the matter to be listed on July 14, a bench of justices MM Sundresh and K Vinod Chandran, sitting during partial court working days, said, "Election is yet to be notified. What is the urgency now. Even if it is notified, you can seek directions in the pending matter."
The Uddav Thackeray faction moved the application in a pending petition challenging the order of Election Commission passed on February 17, 2023 recognising the rival faction led by Eknath Shinde as real Shiv Sena.
Senior advocate Devadatt Kamat appearing for Thackeray said that the application needs to be heard urgently as the elections to 27 Municipal Corporations, 232 Municipal Councils and 125 Nagar Panchayats could be notified soon.
He referred to Supreme Court decision of May 6 directing the Maharashtra government to complete the local body elections within four months.
"Once the elections are notified, the symbols cannot be then allotted," Kamat said, stating that either the February 17, 2023 order of the EC should be set aside or the matter be heard on an urgent basis.
The Eknath Shinde faction, represented in court, objected to the application and said the EC had permitted Uddhav Thackeray faction to contest past elections under the name Shiv Sena (UBT) with the symbol of 'flaming torch'.
The bench told Kamat, "Even if elections are held, your rights will not go as matter is pending here."
The split within the Shiv Sena led to the fall of the Maha Vikas Aghadi government in 2022. In 2023. the Election Commission recognised that the Shiv Sena faction headed by Shinde was the Shiv Sena, and entitled to the bow and arrow symbol. But the legal battle over the real Shiv Sena is far from over....
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