'Need More Time': Why Did EC Freeze Shiv Sena Symbol? What Does it Mean?

Both Uddhav Tahckeray & Eknath Shinde factions have been asked to submit alternate names and symbols by 10 October.

Uddhav Thackeray (left)and Eknath Shinde attwo separate Shiv Sena Dussehra rallies in Mumbai, 5 October 2022.

(Photo: Twitter/Shiv Sena, Eknath Shind )

The Election Commission of India (ECI) on Saturday, 8 October, froze the Shiv Sena's bow and arrow symbol and temporarily forbade both Uddhav Thackeray and Eknath Shinde factions to use the party name for the upcoming bypolls in Andheri East.

The interim order was issued by the poll body under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968.

WHY THE INTERIM ORDER?

The EC said that the interim order is being passed considering the urgency surrounding the Andheri East bypolls scheduled for 3 November, for which the last date of filing the nomination is 14 October.

The EC order shall be applicable "till the final determination of the dispute in the matter," it said.

"Both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the Election Commission for the purposes of the current bye-elections," the ECI said in its order.

WHAT HAVE BOTH FACTIONS BEEN ASKED TO DO?

Both the groups have been directed to furnish, latest by 01:00 pm on 10 October:

• The names of their groups by which they may be recognized by Commission and to this end, give three options in order of preference, anyone of which may be approved by the Commission.

• The symbols which may be allotted to the candidates set up, if any, by the respective groups. They may indicate the names of three free symbols, in the order of their preference, anyone of which may be allotted to their candidates by the Commission.

KEY OBSERVATIONS BY THE EC

Here are some key observations made by EC while passing the interim order:

• As per the provisions of the Constitution of 'Shivsena', at the apex level, the party has a Shivsena Pramukh and a National Executive.

• The timeline for the process of submission of documents has been extended several times. Therefore, the steps/process which is required to be completed before the date of hearing, when fixed, is at present still in progress.

• The EC also said that the current dispute has a "direct bearing on the smooth conduct of the elections announced by the Commission."

• The Uddhav Thackeray faction has sought another four weeks of time before the start of formal hearing in order to prepare and carefully understand the documentation filed by the Eknath Shinde faction. "That, a clear time frame is required, after submission of documents and, listing of the date of formal hearing by the Commission, is a correct point," it said.

• The EC said that the time available is not adequate to ensure the due process which is required to be completed. "However, the Commission takes note of the urgency involved with regard to use of party symbol and party name due to the schedule of the bye-elections announced," it said.

• The Commission said that it is "duty bound to ensure that all electoral steps of the bye election are free of any confusion and contradiction and thus its next step are necessarily agnostic to the possibility of either of the faction participating in the poll."