No procedural infraction in EC order freezing party name, symbol, says HC

New Delhi: Ruling on a petition by former Maharashtra chief minister Uddhav Thackeray, the Delhi High Court has said there was "no procedural infraction" in the Election Commission's order freezing Shiv Sena's name and election symbol following a "split" in the party.

In the order released on Saturday, Justice Sanjeev Narula said the commission passed the freezing order in view of urgency in respect of allotment of symbol on account of announcement of bypolls and the petitioner, who repeatedly took time to furnish necessary documents, now cannot allege violation of principles of natural justice and criticise the poll panel.

On November 15, the judge had dismissed Thackeray's petition against the interim order of the Election Commission (EC) in open court and said a detailed order would be released later.

"There is a split between members of the 'Shivsena', a recognised political party in the State of Maharashtra. One group/faction is led by Eknathrao Sambhaji Shinde and the other by Uddhav Thackeray. Both claim to be the president of the original Shiv Sena party, and stake claim to its poll symbol of 'bow and arrow'," the court noted in its order.

"It (EC) took note of the urgency qua allotment of symbol, on account of announcement of the schedule of bye-elections, and made the directions for freezing. Therefore, the court does not find any procedural infraction on the part of EC in taking such a view.

Petitioner, who repeatedly took time before EC for furnishing necessary documents, cannot now turn around and allege violation of principles of natural justice and criticise EC," it said.

On October 8, the EC had passed the interim order barring the two Shiv Sena factions from using the party's name and its election symbol in the Andheri East assembly bypoll.

The commission's order was passed on a "dispute petition" filed by Shinde.