Delhi High Court dismissed Uddhav Thackeray's petition challenging the EC's decision to freeze the Shiv Sena party's name and symbol

Delhi High Court dismissed Uddhav Thackeray's petition challenging the EC's decision to freeze the Shiv Sena party's name and symbol

The Delhi High Court dismissed the plea filed by the Shiv Sena faction led by Uddhav Thackeray challenging the Election Commission's decision to freeze the Shiv Sena party name and the bow and arrow symbol on November 15, 2022.

Justice Sanjeev Narula stated that it is in the best interests of both the Shiv Sena factions and the general public for the Election Commission's proceedings on the use of the Shiv Sena's bow and arrow election symbol and name to be completed as soon as possible. It requested that the poll panel make a decision as soon as possible. The Shiv Sena party name and symbol were claimed by both the Uddhav Thackrey and Eknath Shinde factions. However, on October 8, the ECI issued an interim order prohibiting both camps from using the "Shiv Sena" party name and symbol until it determines which of the two rival factions is entitled to use them.

The order stated the following:

"a) Neither of the two groups led by Sh. Eknathrao Sambhaji Shinde (Petitioner) and other led by Sh. Uddhav Thackeray (Respondent) be permitted to use the name of the party "Shivsena" simplicitor;

b) Neither of the two groups shall also be permitted to use the symbol "Bow & Arrow", reserved for "Shivsena'."

The order added that both groups can choose names they desire in the interim, including names having linkage with their parent party, "Shivsena."

"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 petition claimed that the EC acted in haste in passing the order without giving Thackeray an opportunity to respond, despite his request for an oral argument.

Thackeray claimed in his petition that the party symbol is inextricably linked to it, having been used since the Shiv Sena, founded by his father Bal Thackeray in 1966. 

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