Delhi High Court Dismisses Uddhav Thackeray’s Plea Against EC Order Freezing Shiv Sena Name And Symbol

The Delhi High Court on Tuesday dismissed a petition by Uddhav Thackeray challenging the interim order by the Election Commission that had barred both factions of the erstwhile ’Shiv Sena’ from using the name and its ‘bow and arrow symbol’.

The interim order had been passed by the EC on 8 October 2022 in the run up to the Andheri east bypolls that were held on November 3. Justice Sanjeev Narula hearing the case dismissed the petition but asked the EC to expedite the proccedings pertaining to the allotment of party name and symbol.

Rival factions led by Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde, had both claimed to be the “real Shiv Sena” after parting ways. The EC had ordered that neither of the faction can use the symbol for the November 3 bypoll.

''Neither of the two groups shall also be permitted to use the symbol 'Bow & Arrow' reserved for 'Shivsena','' the order read. ''Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party 'Shivsena','' it said.

''Both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the Election Commission for the purposes of the current bye-elections,'' the order read. The EC had also said the interim order will continue ''till the final determination of the dispute''. 

Uddhav Thackeray had approached the high court last month seeking quashing of the EC order. He had alleged that the EC displayed undue haste in passing the order without affording an opportunity to Thackeray to be heard despite an application by him requesting oral hearing.

He had claimed in his petition the party symbol is intrinsically identified with it, having been used since the inception of the Shiv Sena, the party founded by his father Bal Thackeray, in 1966.