Stall decision on Shiv Sena symbol, Supreme Court tells poll panel | India News – Times of India


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NEW DELHI: The Supreme Court on Thursday said it would pass orders on Monday on whether to refer to a five-judge bench the constitutional questions relating to the issue of disqualification of MLAs, raised by warring factions of Shiv Sena, but advised the Election Commission not to “precipitate” the fight to wrest control of the party and its ‘bow and arrow’ symbol.
A bench of Chief Justice N V Ramana and Justice Krishna Murari and Hima Kohli, which on Wednesday had perused questions framed by the Thackeray faction and heard senior advocates Kapil Sibal and A M Singhvi on Wednesday, discussed the issues framed afresh by the Shinde faction’s lawyer Harish Salve.
But the main apprehension of Sibal and Singhvi was the EC going ahead with the petition filed by the Shinde faction seeking recognition as the original party and laying claim on its symbol ahead of the BMC polls.
“If the EC decides the symbol issue ahead of BMC polls, it will have grave consequences. Rebellion by 40 MLAs in a legislature party is one thing, but the political party which encompasses members down to taluka level is much larger and the claim cannot be decided on the basis of garnering majority support within the legislature party,” Sibal said.
Singhvi said, “When the substantial issue of disqualification is pending before the SC, what is the necessity of deciding the symbol issue and perpetrate something of irreversible consequences.”
Appearing for the EC, senior advocate Arvind Datar said that the issue pertaining to disqualification of MLAS, pending before the SC, has no bearing on the intra-party dispute over which represented the original party as that adjudication would be under the Election Symbols Order.
“Even if the rebel MLAs get disqualified, it has no bearing on the adjudication as to which faction represented the original party. EC does not go by the strength of a faction in the legislature party. It has to hear party members, examine documents and take evidence before embarking on adjudicating the sensitive issue which may take days,” he said. Salve supported the EC’s stand.





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