SC dismisses plea to restrain Uddhav Thackeray group from alienating assets of Shiv Sena party
Apr 28, 2023
New Delhi [India], April 28 : The Supreme Court on Friday dismissed a plea seeking direction to restrain the Uddhav Thackeray group from alienating movable or immovable assets of the Shiv Sena party and that it should be transferred to the new party President.
A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha declined to entertain the plea and questioned the petitioner's locus standi to file the plea.
"How is this petition maintainable? We can't do anything here. We can't pass orders. Who are you to move the petition under Article 32? Dismissed," the bench said.
Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been 'unduly deprived'.
The plea was filed by Mumbai-based lawyer Ashish Giri who sought direction to restrain the Thackeray group from transferring party funds.
"All the movable and immovable assets of Shiv Sena along with the frontal organisations and aligning organisations be transferred to the new party president as per the order of ECI," the plea stated.
The advocate said that the funds and assets were collected by all the workers and leaders of any political party and there is no personal gain or rights of any group if the party is divided into two or more groups.
"The original party name and its symbol are given to any group by the Election Commission of India, the funds, assets and moveable and immovable property should be kept with the original party. Any leader of any political party can not keep its assets and moveable and immovable properties personally and cannot divert to any other accounts or names," the plea added.
Following the Election Commission of India's (ECI) decision to allot the party name 'Shiv Sena' and the symbol 'Bow and Arrow' to the Eknath Shinde-led faction, leaders from Uddhav Thackeray's camp fear that the former will now stake its claim to Shiv Sena Bhavan, local party offices, also known as shakhas, and the party funds, the petition stated.
Various petitions are pending before the apex court filed by both the rival factions Uddhav Thackeray and Chief Minister Eknath Shinde concerning the Maharashtra political crisis.
