In his appeal, Thackeray has said that the single-judge failed to appreciate that the EC’s order is “patently illegal, without jurisdiction and unsustainable, both in law and on facts”.
It has been stated that in passing the order of freezing, the commission has proceeded on the assumption that there are two factions of Shiv Sena party.
The plea argues that it cannot be said that there are two factions in the party as Thackeray continues to be “rightfully elected President”, a fact admitted even by Eknath Shinde.
“The observation of the Ld. Single Judge that both the Appellant and the Respondent No. 2 claim to be the President of the original Shivsena party is factually incorrect, as the Respondent No. 2 in para 3 of his para 15 petition filed before Respondent No. 1 himself states that the Appellant herein is, and continues to be the Shivsena Pramukh (President/Pramukh) of the Shivsena Political Party,” the appeal states.
Source: Barandbench
