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Supreme Court allows Election Commission to decide plea by Eknath Shinde faction for real Shiv Sena tag, symbol

It was the Thackeray camp’s argument that after the Supreme Court last heard the case relating to Maharashtra elections, they made a representation to the ECI requesting it not to proceed with the matter, as substantially similar matters were pending before the top court.

It was further contended that if the ECI is allowed to continue with the proceedings, it would not only precipitate issues of great Constitutional import, but would also cause irreparable injury to the applicant.

It would also amount to interference with the judicial proceedings and thus, amount to contempt of court, stated the applicant.

“Further such proceedings would also be in teeth of settled law that an inquiry into a matter which is sub judice before the Court amounts to interference with the judicial proceedings and thus, amounts to contempt of the court as has been held in a number of decisions of this Hon’ble Court and various High Courts,” the plea said.

The applicants, thus, prayed for a stay on the ECI proceedings and also sought impleadment of the poll body as a party to the case before the top court so as to prevent any adverse orders by them.

Source: Barandbench

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