DELHI HIGH COURT
SANJEEV NARULA
Uddhav Thackeray – Appellant
Versus
Election Commission of India – Respondent
| Table of Content |
|---|
| 1. disputation of political party faction. (Para 1 , 2 , 3) |
| 2. arguments against the interim order. (Para 4 , 5 , 6) |
| 3. court's analysis of eci's jurisdiction. (Para 7 , 8 , 10 , 11 , 12) |
| 4. justification for eci's course of action. (Para 16 , 18 , 19) |
| 5. dismissal of the petition. (Para 20 , 21) |
JUDGMENT
Sanjeev Narula, J. (Oral):
1. There is a split between members of the `Shivsena' is a recognized political party in the State of Maharashtra. One group/faction is led by Sh. Eknathrao Sambhaji Shinde [`Respondent No. 2'] and the other by Sh. Uddhav Thackeray [`Petitioner']. Both claim to be the president of the original Shivsena party, and stake claim to its poll symbol of `bow and arrow' [`the symbol']. In this background, before Election Commission of India/Respondent No. 1 [`ECI'], a dispute petition under Para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 [`Symbols Order'] was filed by Respondent No. 2 on 19th July, 2022 [`Dispute Petition'].1 Therein, claiming that he represents the majority faction of Shivsena Party, Respondent No. 2 has sought, inter alia, allotment of the symbol to the group led by him. Pending final adjudication of the D
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