New Delhi, Dec 13 (PTI) Former Maharashtra chief minister Uddhav Thackeray approached the Delhi High Court on Tuesday challenging a single judge's decision dismissing his plea against the Election Commission's (EC) interim order freezing Shiv Sena's name and the party's election symbol.

Thackeray claimed that the November 15 order by which the judge had also directed the EC to expedite the proceedings is "erroneous" and liable to be set aside.

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The appeal is likely to come up for hearing on December 15.

The single judge bench, in its order, had said that there was "no procedural infraction" in the EC's order freezing Shiv Sena's name and election symbol following a "split" in the party.

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It had said the commission passed the freezing order in view of urgency in respect of allotment of symbol on account of announcement of bypolls and the petitioner, who repeatedly took time to furnish necessary documents, now cannot allege violation of principles of natural justice and criticise the poll panel.

"There is a split between members of the 'Shiv Sena', a recognised political party in the state of Maharashtra. One group/ faction is led by Eknathrao Sambhaji Shinde and the other by Uddhav Thackeray. Both claim to be the president of the original Shiv Sena party, and stake claim to its poll symbol of 'bow and arrow'," the single judge had noted in the order.

Thackeray, in his appeal, claimed there was no dispute as to the leadership of the party and Maharashtra Chief Minister Eknathrao Shinde himself admits that Thackeray is, and continues to be, the rightfully elected president of Shiv Sena political party.

Therefore, it cannot be said that there are two rival factions of the Shiv Sena political party, he held.

On October 8, the EC had passed the interim order barring the two Shiv Sena factions from using the party's name and its election symbol in the Andheri East assembly bypoll.

The commission's order was passed on a "dispute petition" filed by Shinde.

Earlier this year, Shinde had raised a banner of revolt against Thackeray, accusing him of entering into an "unnatural alliance" with the Congress and the Nationalist Congress Party (NCP).

Over 40 of the Shiv Sena's 55 MLAs had supported Shinde, forcing Thackeray's resignation as chief minister.

Thackeray had assailed the EC interim order on several grounds, including lack of procedural fairness. It was earlier argued that the order was passed in the absence of a prima facie case in favour of the group led by Shinde.

Thackeray in his petition had alleged the EC displayed undue haste in passing the order without affording an opportunity to him to be heard despite an application requesting for an oral hearing.

He had argued in his petition that the freezing order was actuated by malice in law, is erroneous and the EC proceedings should be conducted in accordance with the principles of natural justice by providing opportunity to the petitioner to lead evidence and advance submissions.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)