The Supreme Court on Wednesday refused to stay the Election Commission’s order recognising chief minister Eknath Shinde’s faction as the real Shiv Sena and permitting it to retain the original “bow and arrow” symbol.

However, the top court admitted a special leave petition (SLP) filed by the Uddhav Thackeray faction challenging the poll body’s action as illegal and unconstitutional.

The Uddhav faction, represented by senior advocate Kapil Sibal, failed to convince the apex court to issue an order of status quo to avoid law-and-order problems in the state. “We cannot pass any such order. Any further action is not based on the EC order.

Something which is a part of the order we can decide. We cannot stay the order at this stage. They have succeeded before the ECI,” a three-member special bench, headed by the Chief Justice of India D.Y. Chandrachud, said.

Brushing aside Sibal’s fears of the Shinde faction taking over the bank accounts, properties and other assets of the Uddhav faction, the CJI refused to pass any status quo order.

“Mr Sibal, it is a contractual relationship within the party (properties, bank accounts). You must first exhaust other remedies of law,” CJI Chandrachud said.

In other words, the court suggested that the Uddhav faction must first approach a competent court in Maharashtra to file a civil suit with regard to the dispute over bank accounts and properties.

The Shinde faction also gave an assurance to the court that it would not issue any whip or take precipitative action against the rival faction for another two weeks till the next date of hearing.

The bench, which also included Justices P.S. Narasimha and J.B. Pardiwala, rejected the argument of the Shinde faction that the SLP filed by the Uddhav faction could not be entertained directly by the apex court.

The bench, while issuing a formal notice to the Shinde faction on the SLP, posted the matter for further hearing after two weeks. It also allowed the Uddhav faction to retain the “flaming torch” symbol allotted to it by the EC on February 17.

In the order dated February 17, the EC had declared the Shinde faction as the real Shiv Sena on the basis of the number of legislators, rejecting the Uddhav faction’s claim of requisite strength on the basis of the number of party cadres.

During the hearing, the Uddhav group argued that the Shinde faction, after being allotted the original Shiv Sena status, would now issue a whip to them to vote in favour of the Shinde group failing which fresh disqualification proceedings would be conducted.

However, in response to a query from the CJI on whether any such move would be initiated, senior advocate Neeraj Kishan Kaul, appearing for the Shinde faction, said no action would be taken against the rival group till the next date of hearing.

The Shinde group said it would not precipitate the matter.