Shiv Sena’s petition against the order of the Election Commission

New Delhi. The tussle between the two factions for the capture of Shiv Sena has reached the Supreme Court. The Uddhav Thackeray faction has reached the Supreme Court against the order of the Election Commission regarding who is the real Shiv Sena. On Monday, Shiv Sena leader Subhash Desai filed a petition, stating that the matter of disqualification of the rebel MLAs is still pending in the court. In such a situation, the commission cannot decide who is the real Shiv Sena.

The Uddhav Thackeray faction is terming the Election Commission’s order as unconstitutional and hasty decision. Significantly, the Election Commission had asked the Shinde faction and the Uddhav faction to file the claim of Shiv Sena’s authority along with the document by August 8. The same has been challenged by the Thackeray faction in the Supreme Court. It has been said in the petition that this decision of the commission has been taken unconstitutional and hasty.

It has been said in the petition that Shinde faction is trying to increase the numbers illegally and create artificial majority in the organisation. The issue is already pending before the Supreme Court. “If the Election Commission proceeds with the matter, it will cause irreparable harm, which amounts to interference in judicial proceedings, to investigate the matter which is sub-judice before the court,” the petition said. Thus, it amounts to contempt of court. Earlier, the Election Commission has asked both Uddhav and Shinde factions to give in writing the reasons for the ongoing protests within the party.

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