Delhi HC reserves order on Uddhav's appeal against EC

New Delhi: The Delhi High Court on Thursday reserved its order on an appeal by former Maharashtra chief minister Uddhav Thackeray challenging a single judge's decision dismissing his plea against an Election Commission's (EC) interim order freezing the Shiv Sena name and election symbol.

Thackeray claimed the single judge's November 15 order, by which it had also directed the EC to expedite the proceedings pending before it, is "erroneous" and liable to be set aside.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, after hearing the arguments of counsel for both the parties, said, "We will pass appropriate orders."

Senior advocate Kapil Sibal, appearing for Thackeray, submitted that the EC did not hear him while passing the order for freezing Shiv Sena's name and election symbol.

"Never in the history of the commission, freezing order has been passed without hearing the party," he argued.

The senior counsel noted the single judge said in the order that there are two rival factions but "it is my case that there are no two rival factions and (Eknath) Shinde (current Maharashtra CM and rival group leader) himself accepts the fact that Uddhav Thackeray is the president of Shiv Sena".

The single judge bench had said in its order there was "no procedural infraction" in the EC's order freezing the Shiv Sena's name and election symbol following a "split" in the party.

It had said the commission passed the freezing order in view of the urgency in respect of allotment of the 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.

Before the division bench, Shinde was represented by senior advocates Mahesh Jethmalani and Rajiv Nayar.