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ECI failed to consider that his faction enjoys majority in Legislative Council, RS: Uddhav Thackeray in SC

Written by  Shgun S -- February 20th 2023 06:59 PM
ECI failed to consider that his faction enjoys majority in Legislative Council, RS: Uddhav Thackeray in SC

ECI failed to consider that his faction enjoys majority in Legislative Council, RS: Uddhav Thackeray in SC

New Delhi, February 20: Maharashtra leader Uddhav Thackeray filed a petition in the Supreme Court on Monday challenging the Election Commission's decision to give the party name "Shiv Sena" and the symbol "bow and arrow" to the faction led by Maharashtra Chief Minister Eknath Shinde, claiming that the polling body "failed" to take into account his faction's majority in the Legislative Council and Rajya Sabha.

"The ECI has failed to consider that the petitioner enjoys a majority in the Legislative Council (12 out of 12) and Rajya Sabha (3 out of 3). It is submitted that in a case of this kind where there is a conflict even in the legislative majority i.e., Lok Sabha on one hand and Rajya Sabha on the other as well as Legislative Assembly and Legislative Council, more particularly, having regard to the fact that there is a possibility of the alleged members losing their right of membership, the legislative majority alone is not a safe guide to determine as to who holds the majority for the purposes of adjudicating a petition of the Symbols Order," the plea stated.


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"In these circumstances, it is respectfully submitted that the legislative majority test cannot be the test which can be applied for the purposes of determination of the present dispute," it added.

Thackeray also argued in his plea that the legislative majority alone could not be used to justify the EC's order.

Uddhav Thackeray, who challenged the EC decision, stated that the poll panel made an error in its decision and that the entire edifice of the "impugned order" (EC's decision) is based on the purported legislative majority of Shinde, which is an issue to be decided by the top court in the Constitution Bench.

On Monday, the Shiv Sena faction led by Uddhav Thackeray petitioned the Supreme Court for an urgent hearing on the petition challenging the Election Commission's decision to allot the party name "Shiv Sena" and the symbol "Bow and Arrow" to the faction led by Maharashtra Chief Minister Eknath Shinde.

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- ANI

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