SC to hear Uddhav's plea for stay on proceedings before ECI on CM's claim on August 1
After hearing the brief arguments, the top court tagged the plea along with other petitions filed in relation to the Shiv Sena crisis, scheduled for hearing on August 1.
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Mumbai, July 26: The Supreme Court on Tuesday, agreed to list on August 1 a plea filed by the Uddhav Thackeray-led Shiv Sena camp seeking stay of Election Commission of India (ECI) proceedings on Eknath Shinde faction's plea for their recognition as 'real' Shiv Sena.
The top court about the stage of the proceedings before the ECI. The bench was informed that a notice has been issued for August 8.
The plea filed by General Secretary of Shiv Sena Subhash Desai submitted that the respondents purportedly have initiated proceedings under para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) interalia seeking to be recognised as "real Shiv Sena" by ECI, and are claiming the right to use the election symbol allotted to Shiv Sena - "bow and arrow".
The plea said on July 20, the top court was assured by counsel appearing for the Speaker that no further proceedings will be conducted in the matter of disqualification under the Tenth Schedule.
Uddhav camp urged the top court to stay the proceedings initiated by the ECI on July 22 till the final adjudication by the top court on disqualification of rebel MLAs.
The plea said against the background of proceedings before the apex court, ECI was requested not to proceed in the matter.
Senior Advocate Kapil Sibal, representing the Uddhav faction, mentioned the matter before a bench headed by Chief Justice N V Ramana seeking an urgent hearing on the matter. Sibal submitted that "till the court decides, they can't go to the ECI".
Senior Advocate Neeraj Kishan Kaul, representing the Shinde faction, said that the petitions before the top court are in connection with the disqualification proceedings initiated by the Speaker and the proceedings before the ECI are distinct.
The top court about the stage of the proceedings before the ECI. The bench was informed that a notice has been issued for August 8.
After hearing the brief arguments, the top court tagged the plea along with other petitions filed in relation to the Shiv Sena crisis, scheduled for hearing on August 1.
The plea said on July 20, the top court was assured by counsel appearing for the Speaker that no further proceedings will be conducted in the matter of disqualification under the Tenth Schedule.
Uddhav camp urged the top court to stay the proceedings initiated by the ECI on July 22 till the final adjudication by the top court on disqualification of rebel MLAs.
The plea said against the background of proceedings before the apex court, ECI was requested not to proceed in the matter.
