On November 14, 2022, the Shiv Sena faction led by Uddhav Thackeray informed the Delhi High Court that its operations had come to a halt due to the Election Commission's (EC) decision to freeze the Shiv Sena party name and the bow and arrow symbol.
The submissions were made before Justice Sanjeev Narula's bench during the hearing of Thackeray's plea against ECI's decision of October 8 directing both his and Eknath Shinde's Shiv Sena factions not to use the name "Shiv Sena" or the symbol "bow and arrow" until their rival claims for official recognition are finally decided.
Senior Advocates Kapil Sibal and Devadatta Kamat, representing the Uddhav Thackeray faction, told the court that the EC passed the order without any prima facie case and without any discussion of the matter's maintainability.
Devadatta Kamat submitted before the court "When a quasi-judicial authority passes an order which has several consequences to my rights as a political party, a prima facie has to be made out. If that case is not made out, that is good enough for me to plead that the order be set aside,"
Senior Advocate Neeraj Kishan Kaul, representing the Eknath Shinde faction, argued that every submission made here had also been made before the Supreme Court, which had refused to stay the EC proceedings.
Justice Narula stated that Thackeray's rights and claims are still open because the ECI has yet to reach a final decision and had only issued an interim order for the purpose of bye-elections, which have now concluded.
The court stated that an appropriate relief would be to direct ECI to decide the matter expeditiously in light of Thackeray's submissions.
The court set a hearing for tomorrow and requested that the parties submit brief written submissions.
Chief Election Commissioner Rajiv Kumar and Election Commissioner Anup Chandra Pandey signed the order.
The following was stated in the Election Commission order:
"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'."
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