Why did EC freeze Shiv Sena symbol?

Why did EC freeze Shiv Sena symbol?

Four months into the bifurcation, the Election Commission of India (ECI) on Saturday night issued an interim order freezing the ‘bow and arrow’ election symbol of the Shiv Sena. The poll body barred both Uddhav Thackerey and Eknath Shinde factions of the Shiv Sena from using the party’s symbol – each claiming to be the “real Shiv Sena” after parting ways – in the upcoming by-election in Maharashtra. The interim order was issued by the poll body under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968.

Why the interim order?

The EC said that the interim order necessitated in the wake of the Andheri East bypolls scheduled for 3 November, for which the last date of filing the nomination is 14 October. The EC order shall be applicable “till the final determination of the dispute in the matter,” it said. “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 ECI said in its order.

Both factions asked to furnish details by 10 Oct 

Both the groups have been directed to furnish the details by October 10.  First, they will have to give the names of their factions by which they may be recognized by the Election Commission. To this end, they are supposed to submit three options in order of preference, any of which may be approved by the EC. According to Quint, the symbols which may be allotted to the candidates set up, if any, by the respective groups. They may indicate the names of three free symbols, in the order of their preference, any of which may be allotted to their candidates by the Election Commission.

EC’s key observations

The EC also said that the current dispute has a “direct bearing on the smooth conduct of the elections announced by the Commission.” The EC said that the time available is not adequate to ensure the due process which is required to be completed. “However, the Commission takes note of the urgency involved with regard to use of party symbol and party name due to the schedule of the bye-elections announced,” it said. The Commission said that it is “duty bound to ensure that all electoral steps of the bye election are free of any confusion and contradiction and thus its next step is necessarily agnostic to the possibility of either of the factions participating in the poll.”

The rebellion

A rebellion in the Shiv Sena, led by Eknath Shinde, resulted in the fall of coalition government of Udhhav Thackeray in June this year. The Thackeray government was supported by Nationalist Congress Party and the Congress. Shinde took over 40 MLAs and allied with the Bharatiya Janata Party (BJP) to form a new government. Both factions now stake claim to being called the ‘real’ Sena and the true follower of founder Bal Thackeray’s legacy.

Mudslinging between Thackeray and Shinde  

Shinde questioned Thackerey’s moral right to speak at the rally and blamed him for tarnishing Bal Thackeray’s legacy by siding with the Nationalist Congress Party (NCP) and the Congress. On the other hand, Thackeray alleged that Shinde was a traitor trying to control the party for his own greed.

SC dismissed Thackeray faction’s stay plea

The Thackeray faction submitted documents bolstering its claim and asked for four more weeks to assess the documents submitted by the rival faction. It had moved the Supreme Court seeking a stay on ECI proceedings in the matter of the ‘internal’ rivalry until petitions stemming from the state’s political crisis are pending. However, the top court dismissed the plea.

(With agencies’ inputs)

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