The court upheld the Election Commission's authority to freeze a political party's symbol pending dispute resolution, emphasizing urgency and procedural appropriateness in electoral matters.

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 Dispute Petition, ECI passed an interim order dated 08th October, 2022, [`Impugned Order'], freezing the symbol as under:

"(40) Having regard to the above facts and circumstances as indicated under para 38 & 39 above, it is evident that the time available is not adequate to ensure the due process which is required to be completed for the proceedings under Para 15, as indicated in para 37 above. 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.

(41) Accordingly, in order to place both the rival groups on even keel and to protect their rights and interests, and going by the past precedence, the Commission hereby makes the following Interim Order, to cover the purpose of the current Bye-elections and to continue till the final determination of the dispute in the matter in terms of Para 15 of the Symbols Order:

a) Neither of the two groups led by Sh. Eknathrao Sambhaji Shinde (Petitioner) and other led by Sh. Uddhav Thackeray (Respondent) be permitted to use the name of the party "Shivsena" simplicitor;

b) Neither of the two groups shall also be permitted to use the symbol "Bow & Arrow", reserved for "Shivsena";

c) Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party "Shivsena"; and

d) 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.

(42) Accordingly, both the groups are hereby directed to furnish, latest by 01:00 PM on 10th October, 2022:

(i) The names of their groups by which they may be recognized by Commission and to this end, give three options in order of preference, anyone of which may be approved by the Commission and;

(ii) 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, anyone of which may be allotted to their candidates by the Commission."

2. While the Impugned Order freezes the `Bow and Arrow' symbol and prohibits the use of the name `Shivesena' simplicitor by either group, it permits both the factions to instead use free symbols for the bye-elections, which were just round the corner when the Impugned Order was passed.

3. Final adjudication of the Dispute Petition is still pending, but the bye- elections have been concluded on 03rd October, 2022 and the candidate setup by the Petitioner's faction has been declared successful. ECI, in its recent order dated 12th November 2022, has afforded both parties an opportunity to file necessary documents and submit essen