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Supreme Court to hear real Shiv Sena claim matter on Sep 27

A legal battle is underway between former Maharashtra Chief Minister Uddhav Thackeray and incumbent Chief Minister Eknath Shinde over deciding which faction of Shiv Sena should have the claim to the ‘bow and arrow’ election symbol.

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New Delhi: The Supreme Court on Wednesday said that it will consider to hear on September 27 the interim application moved by the Uddhav Thackeray group to restrain the Election Commission of India from deciding the claim raised by Eknath Shinde group for recognition as the official Shiv Sena party, reported Live Law.

A legal battle is underway between former Maharashtra Chief Minister Uddhav Thackeray and incumbent Chief Minister Eknath Shinde over deciding which faction of Shiv Sena should have the claim to the ‘bow and arrow’ election symbol. Both the leaders have staked claim over the symbol.

A five-judge bench headed by Justices DY Chandrachud made the observation.

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According to reports, on July 22, the Election Commission of India had directed Thackeray and Shinde faction to submit documents to prove the support of majority party members.

Thackeray later challenged the Election Commission proceeding in the Supreme Court arguing that the election body cannot decide on the legitimate leader of the party unless a pending petition on disqualification of 16 Maharashtra MLAs is decided upon.

Moreover, the Eknath Shinde group also challenged the disqualification notices issued by the Deputy Speaker Narhari Zirwal to 16 rebel MLAs.

Senior lawyer, Arvind Datar, appearing for the poll panel, in Wednesday’s hearing said under the Symbols act, the poll panel has to take a decision on it.

Neeraj Kishan Kaul, appearing for the Shinde group, told the Supreme Court that the Election Commission of India cannot be stopped from taking a decision. He said the urgency was because of the impending local body elections.

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Senior Advocate Kapil Sibal, appearing for the Thackeray group, however, cited the Supreme Court’s August 3 order and asked the poll panel to consider its adjournment plea, given the case was pending before the judges.

On August 3, the SC had directed the poll panel not to take any action on Shinde’s claim. The court had also asked the Election Commission to give reasonable adjournment to the Thackeray group to file its response.

The constitutional bench on Wednesday’s hearing also included: MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.

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