INSUBCONTINENT EXCLUSIVE:
allot the Shiv Sena party name and the bow and arrow symbol to the Eknath Shinde-led group, recognising it as the real Shiv Sena based on
its strength in the Lok Sabha and the Maharashtra assembly.A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B
Pardiwala, which was constituted at 3.30pm on Wednesday after curtailing proceedings before a five-judge constitution bench, also declined
to restrain the Shinde group from taking over the assets and bank accounts of the Shiv Sena, which in turn could lead to a squeeze on the
The EC has allowed the Thackeray group to use SS(UBT) and flaming torch symbol till completion of byelections to the Chinchwad and Kasba
Peth assembly constituencies scheduled for February 26.Also, the Shinde group could allow the MPs and MLAs owing allegiance to Thackeray to
continue in their posts without facing fresh disqualification proceedings
whip to all Sena MPs and MLAs to vote for them, infraction of which would invite fresh disqualification petitions and proceedings."For the
Shinde faction, senior advocate Mahesh Jethmalani said there was an earlier agreement between the two groups not to precipitate the cross
disqualification proceedings filed against legislators of rival factions
The Thackeray group was allowed to file a reply in a week thereafter.For the Thackeray group, senior advocate Kapil Sibal made repeated
pleas for restraining the Shinde group from taking over the Sena offices, assets and bank accounts
They have already taken over party offices in the assembly and in the Lok Sabha
Singh said no Sena MLA has gone to any party to invite the wrath of the anti-defection law and said most of the past ministers continue to
hold their posts.Kaul said the Shiv Sena under Uddhav Thackeray was a dictatorial party with the president offering no space for a different
voice or dissent to his opinion
In the Shiv Sena under Thackeray as paksh pramukh (president), he used to nominate the electorate for presidential election and the
electorate in turn used to nominate him as president of the party
That is why the EC recognised the Shinde group as the real Shiv Sena which had the numerical strength in assembly and Lok Sabha
To get recognition as a party, the EC takes into account the number of MLAs and MPs elected by the party and its vote percentage
refuses to stay Election Commission's order
