Mumbai: Responding to the Election Commission decision on Shiv Sena, renowned lawyer Ujjwal Nikam said that he can’t predict the next course of action. “When the political party is recognized by the Central Election Commission, at that time they have to present the constitution of that political party and ask for the symbol. Accordingly, the Commission gives the symbol. According to that symbol the endorsement of a political party is registered. When the issue of party and symbol came to the Constitution Bench of the Supreme Court in the case of power struggle, the issue was shifted to the Election Commission,” the lawyer said, according to a report in Marathi daily Sarkarnama.
“The Central Election Commission being an autonomous body can take decisions about it. Usually the decision of the Commission is final. But in exceptional circumstances, the Supreme Court can interfere in the same if it finds some material facts and the Commission has not given an opportunity to the concerned party as per natural justice, but not otherwise. Now the question has arisen whether the whip issued by Eknath Shinde of Shiv Sena will apply to the MLAs of Uddhav Thackeray group,” Adv Nikam stated.
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Thursday 13 March 2025
Speaking in this regard, Adv. Nikam said, currently this original matter is pending in the Supreme Court. The Thackeray group may take this issue to court. Because it is clear in the order of the Election Commission that the name Shiv Sena and the bow and arrow symbol will remain with Shinde.
Adv Nikam further said that it is impossible to tell what situation may arise in the Assembly because this is the strategy of those political parties. They will decide what to do in this regard. The disqualification of those MLAs is pending before the Supreme Court. As per 10th Schedule it contains two items. The first is that the matter is pending before the Supreme Court today and the second is the date from which disqualification of MLAs begins. This date is very important, the lawyer stressed.
“If the MLA does such an act on his own, his membership automatically ends. If the MLA absents himself from voting or votes against the order of that political party, he can be disqualified as per the 10th Schedule,” Adv. Nikam pointed out.
