SC refuses to stay EC order recognising Shinde faction as real Shiv Sena

The Supreme Court on Wednesday refused to stay the Election Commission's recent order recognising the Eknath Shinde-led faction of Shiv Sena as the 'real' party. The SC also refused to restrain the Shinde- action from taking over properties and finances of Shiv Sena, saying that this will amount to staying the EC order and "we can't do that since they have succeeded there".

It further issued a notice to the Shinde camp on a petition filed by Uddhav Thackeray against the Election Commission's order. The Shinde faction has been asked a file a reply to the petition. The top court sought a response from Shinde group in two weeks.

A bench, headed by Chief Justice D.Y. Chandrachud and comprising Justices P.S. Narasimha and J.B. Pardiwala said: "We'll entertain the petition, we'll issue notice."


"We have objections to maintainability of Uddhav Thackeray's plea against EC decision," counsel for Eknath Shinde said.

Senior advocate Kapil Sibal, representing Uddhav Thackeray, said our bank accounts, properties etc will be taken over by them.

The EC last week recognised the Shinde faction as the real Shiv Sena, and allotted it the 'bow and arrow' poll symbol of the party.

In the first national executive meeting after the EC decision on Tuesday evening, it was decided that Shinde will remain the 'chief leader' of the Shiv Sena.

Soon after the ECI move, the enraged former CM said that "they may steal everything, the party name, poll symbols, its leaders, MPs, MLAs, etc., but the 'thieves' could never rob the magical 'Thackeray' name", preparing for a legal fight.

Five days after the Election Commission of India (ECI) accorded recognition to the breakaway Shiv Sena group, its leader and Chief Minister Eknath Shinde was anointed as the 'Mukhya Neta' (Chief Leader) -- making it a first when a non-Thackeray entity commands the party's fortunes.

Shinde presided over his party's first-ever national executive in Mumbai late on Tuesday, soon after the faction led by former Chief Minister Uddhav Thackeray's Shiv Sena (UBT) challenged the ECI move in the Supreme Court, with the hearing scheduled Wednesday (February 22).

At the meeting, the Shiv Sena leaders, MPs, MLAs and others unanimously authorised Shinde with the right to take all decisions on the behalf of the party, Industry Minister Uday Samant later told mediapersons.

The new 'Sena-pati' Shinde also informed the national executive that they would not stake a claim to the iconic Shiv Sena Bhavan in Dadar, spelling some relief to the Thackeray side.