Shinde Is Shiv Sena: Supreme Court Refuses To Stay ECI’s Decision

A bench comprising of CJI Chandrachud, and Justices PS Narasimha, JB Pardiwala refused to stay the ECI order which recognised Eknath Shinde faction as the official Shiv Sena, today, 22 February.

The bench however permitted Uddhhav group to retain the name 'Shiv Sena (Uddhav Balasaheb Thackeray)' and the symbol “flaming torch” in terms of paragraph 133(Iv) of the ECI order during the pendency of the matter. The ECI had allowed that interim arrangement in view of the bye-elections in Maharashtra assembly, scheduled to take place on February 26th. 

The CJI has categorically said, “something which is a part of the order we can decide upon. We cannot stay an order at this stage. They've succeeded before the ECI. Any further action is not based on EC order. Then you have to pursue other remedies of law”.

The lawyers of Shinde group also gave a verbal undertaking that they will not take precipitative action against Uddhav group by issuing disqualification proceedings. The undertaking was not recorded in the order.