Both the factions have been asked to submit their reply by August 8 after which the Election Commission will hold hearing regarding the claims.
With the battle for control of Shiv Sena and party symbol knocking the Election Commission’s doors, the poll body has asked both Uddhav Thackeray and Eknath Shinde camps to give documentary evidence to prove who will lead the party.
Both the warring factions have been asked to submit their reply by 1 pm on August 8 after which the Election Commission will hold hearing regarding the claims and disputes between both sides.
The two sides have also been asked to give written statements detailing their views on the dispute in the party, which started with the rebellion by Shinde who led 40 MLAs to form a new government with support of the BJP.
In a letter to the Election Commission earlier this week, Shinde camp claimed its support of 40 out of 55 MLAs and 12 out of 18 MPs of Shiv Sena. This was the first big move by the rebel camp to claim control over the party and its symbol ‘bow and arrow’.
"...It is evident that there is a split in the Shiv Sena, one group of which is being led by Eknath Shinde and the other group is being led by Uddhav Thackeray, both the groups claim to be the real Shiv Sena with their leader being the alleged president of Shiv Sena party," the Election Commission said in its notice to the two camps.
"In order to place both the rival groups on an even keel and to protect their rights and interests, and going by the past precedence, the commission has directed that the documents submitted by the rival groups be exchanged and reply/written submissions be invited from the two groups," it added.
Earlier this week, the Thackeray camp approached the Election Commission of India, requesting it to hear its side before deciding claims to the party symbol. This was quite a pre-emptive move by the Thackeray camp given that the Shinde-led faction had, at least by then, not officially approached the poll body to claim right over the party symbol.
The Shinde camp had asked the Maharashtra assembly Speaker to disqualify Team Thackeray. However, on July 11, the Supreme Court told Speaker Rahul Narwekar not to proceed with the plea seeking Team Thackeray's disqualification.
The Shinde camp has said their Sena rivals need to be disqualified for defying the party whip during the trust vote and the election of the Speaker last month.
The Supreme Court has indicated that the matter be heard by a larger bench and has asked both camps to frame by July 27 issues for consideration.
Is EC empowered to decide to arbitrate?
According to Para 15 of the Symbols Order: “When the [Election] Commission is satisfied… that there are rival sections or groups of a recognised political party each of whom claims to be that party the Commission may, after taking into account all the available facts and circumstances of the case and hearing [their] representatives… and other persons as desire to be heard decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups.”
The Symbols Order is applicable in case of split in recognised national and state parties. In case of registered but unrecognised parties, the EC usually advises the warring factions to resolve their differences internally or approach the court.
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 "Uddhav Thackeray and Eknath Shinde (File Photo)")
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