Election Commission of India Allots Names and Symbols of Uddhav Thackeray and Eknath Shinde

ECI Law Insider

Aastha Thakur

Published on: 11 October 2022 at 20:23 IST

In the midst of the dispute of the real Shiv Sena, the Election Commission of India (ECI) has refuted allotting the name “Shiv Sena (Balasaheb Thackeray)” to the ex-Chief Minister of Maharashtra, Uddhav Thackeray, reasoning that the same name is also the prior preference of the CM Eknath Shinde-led party.

Hence, the second proposal suggested by Uddhav’s group was accepted by the ECI and allotted the name “Shiv Sena (Uddhav Balasaheb Thackeray)” instead. As for the new symbol for Uddhav’s faction, after rejecting two initial choices the Election Commission of India agreed with the symbols of flaming torch.

ECI gave the same rejection to Eknath Shinde’s group over the allocation of the name Shive Sena (Balasaheb Thackeray) and approved the name “Balasahebanchi Shiv Sena” for the Shinde faction.

The ECI for party symbols has not approved the suggestions like “Trishul” and “Gadha” submitted by the Shinde group, saying they have religious connotations. The symbol “Rising Sun”, opted by both groups, was also not allowed on the ground that it had already been allotted to DMK.

On October 8, the ECI plainly told both Thackeray and Eknath Shinde groups to not use the claims of rival parties for the official name Shiv Sena or symbol of bow and recognition. Uddhav also challenged the ECI order and filed new applications for the allocation of party name and symbol.

The first symbol chosen, ‘Trishul,’ was rejected because it has religious connotations, which violates Section 10(B)(A)(iv) of the Election Symbols (Reservation and Allotment) Order, 1968, and also because it was Shinde’s first choice.

The second symbol, “Rising Sun,” was declined by ECI as it was already the reserved symbol of the ‘Dravida Munnetra Kazhagam‘, a recognised political party in the State of Tamil Nadu and Union Territory of Puducherry, as well as Shinde Group’s second preference.

The ECI at last gave the green signal for the “flaming torch” symbol, stating, “It is not in the list of free symbols,” and was initially used by a party abolished it in 2004. However, after Uddhav’s faction request, ECI agreed to declare it as a free symbol and was allotting it.

Thackeray filed the application in Delhi HC against ECI’s decision to ban Shiv Sena’s bow and arrow party symbol. As an alternative, Thackeray seeks direction that ECI be asked to consider and allot the symbol proposed by him.

Earlier today, Thackeray moved the Delhi High Court against ECI’s decision to freeze Shiv Sena’s bow and arrow party symbol. In the alternative, Thackeray sought a direction that ECI be asked to consider and allot the symbol proposed by him without restricting the choice of symbol from the list of free symbols.

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