New Delhi, Feb 20 The Uddhav Thackeray faction has moved the Supreme Court against the Election Commission of India (ECI) decision recognising the Eknath Shinde faction as the official Shiv Sena.
Senior advocate Abhishek Manu Singhvi mentioned the plea challenging the ECI decision before a bench headed by Chief Justice of India D.Y. Chandrachud.
Singhvi requested for the listing of the matter along with the ongoing cases before the constitution bench on Tuesday. However, the Chief Justice did not allow Singhvi's mentioning, as the matter was not included in the mentioning list. The Chief Justice asked Singhvi to mention the matter Tuesday.
Last week, the Election Commission allotted the Shiv Sena party name and the bow & arrow symbol to the faction led by Eknath Shinde.
Maharashtra CM and rival faction leader Eknath Shinde had moved the apex court in anticipation, filing a caveat notifying the court that Thackeray faction may challenge the ECI decision.
A constitution bench of the Supreme Court is currently considering the issues relating to the Shiv Sena rift.
On February 17, the Supreme Court declined to make immediate reference to a seven-judge bench the reconsideration of its 2016 Nabam Rebia judgment, which restricted the power of the Speaker to examine disqualification petitions against MLAs if a resolution for his removal is pending.
A five-judge bench headed by Chief Justice of India said the issue of reference will be decided only with the merits of the case and fixed the matter for hearing on merits on February 21.
The bench observed that the question of reference to 2016 Nabam Rebia judgement to a larger bench can't be decided in "abstract manner, isolated and divorced from facts of the case".
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