Delhi HC dismisses Uddhav Thackeray’s plea against freezing of Election Symbol
15 November, 2022 | Pragati Singh
The Delhi HC on Tuesday rejected a petition filed by former Maharashtra CM Uddhav Thackeray challenging the ECI's decision to freeze the election symbol of the bow and arrow.
The Delhi High Court on Tuesday rejected a petition filed by former Maharashtra Chief Minister Uddhav Thackeray challenging the Election Commission of India’s (ECI) decision to freeze the election symbol of the bow and arrow.
While rejecting the petition, the Bench of Justice Sanjeev Narula further instructed ECI to resolve the ongoing issue as quickly as feasible. Uddhav Thackeray’s writ case sought an injunction to overturn an order issued by the Electoral Commission of India on October 8, 2022, blocking the Shiv Sena Political Party’s election symbol.
The Election Commission’s attorney told the court that this is only a temporary arrangement. After hearing from all sides, the commission will make a decision.
Senior Advocate Kapil Sibal, representing the Uddhav Thackeray faction, stated that the party’s functioning has come to a halt after the EC froze the Shiv Sena party name and symbol.
The impugned Order is liable to be set aside because it was issued in complete disregard of natural justice principles, without giving the parties a hearing or an opportunity to present evidence.
According to the petition, ECI was given broad powers under Article 324 of the Indian Constitution and the Symbols Order to guarantee the proper functioning of our democratic system. It is proposed that a symbol symbolises the party’s ideas/ethos, and that ECI should recognise any such emblem that embodies the actual philosophy, ethos, and goals of a political party.
The petition further alleged that on January 23, 2018, the party’s Organizational Elections for the year 2018-2023 were held in accordance with Rule V of the Shiv Sena Rules and Regulations, which requires intra-party elections to be held every five years.