The Supreme Court today has agreed to list tomorrow the petition preferred by the Thackeray-led Sena faction against the decision of the Election Commission recognizing the Shinde-led faction as the real Shiv Sena and allocating poll symbol of "bow and arrow" to them.

“We’ll read the matter and take it in the afternoon. 03:30 Tomorrow”, responded a Bench led by CJI DY Chandrachud and comprising Justice PS Narasimha, when Senior Advocate Kapil Sibal requested the Court to hear the plea today.

“Your lordship knows the order of the Election Commission. If the Election Commission is not stayed, then they will take over everything-bank accounts, etc. Take it tomorrow morning before the Constitution Bench, some protection order could be passed”, said Senior Advocate Kapil Sibal, representing the Thackeray-led Sena faction, while Senior Advocate Abhishek Manu Singhvi was also present in the Court.

“We won't disrupt the CB because there are three judges waiting for us. We will finish the Constitution Bench and get up a little early and then take it up tomorrow at 03:30”, said the Bench.

“They should not be in the Supreme Court. They have been before the High Court twice”, said Senior Advocate Neeraj Kishan Kaul, appearing on caveat on behalf of the Shinde-led faction. Senior Advocate Mahesh Jethmalani also appeared on behalf of the caveators.

The Thackeray-led Sena faction has directly reached the Supreme Court by filing a Special Leave Petition under Article 136 of the Constitution challenging the order passed by the Election Commission of India on February, 17.

The Election Commission under Paragraphs 15 and 18 of the Election Symbols (Reservation and Allotment) Order, 1968 has allotted the party name “Shiv Sena” and the party symbol “Bow and Arrow” to the faction led by Eknath Shinde.

Yesterday, Senior advocate Abhishek Manu Singhvi mentioned the matter for urgent listing before a bench headed by Chief Justice DY Chandrachud.

The CJI, however, refused to entertain the unlisted mentioning made on behalf of the Thackeray-led Sena faction. "The rule applies equally to all, whether left, right or centre. Come tomorrow through proper process," the bench said.

The Special Leave Petition(SLP) filed through Advocate-on-Record Amit Anand Tiwari read that the entire edifice of the order of the Election Commission is based upon the purported legislative majority of the Shinde-led faction which is an issue to be determined by the Constitution Bench.

“The ECI has failed to appreciate that Petitioner enjoys overwhelming support in the rank and file of the party. The Petitioner has an overwhelming majority in the Pratinidhi Sabha which is the apex representative body representing the wishes of the Primary members and other stakeholders of the party. The Petitioner enjoys the support of 160 members out of approximately 200 odd members in the Pratinidhi Sabha”, the petition said.

Cause Title- UDDHAV THACKERAY v. EKNATHRAO SAMBHAJI SHINDE & Anr.

CJI DY ChandrachudJustice PS NarasimhaEknath ShindeShiv SenaUddhav Thackeray

Puneet Deshwal