The Uddhav Thackeray camp has moved the Supreme Court challenging the election commission's decision to recognise the Maharashtra Chief Minister Eknath Shinde led faction as the official ''Shiv Sena'' and allowing them to use the ''Bow and Arrow symbol''.

It has assigned the Uddhav faction the flaming torch symbol in the upcoming by-elections in Maharashtra. The Shinde faction took over the Shiv Sena party office in the state legislature today. It has also filed a caveat plea in the apex court — the rationale of this move is to ensure that no adverse order is passed against them without hearing their argument.

Addressing a press conference today, Uddhav Thackeray said that the EC should have waited for the Supreme Court verdict on disqualification of MLAs.

Speaking to CNBC-TV18, TS Krishnamurthy, former chief election commissioner noted that the EC order on the Shinde Faction seemed to be well reasoned, based on the available evidence and the legal framework governing elections in India.

Krishnamurthy said, “I have not gone through the order in detail. But the order seems to have well-reasoned order. But I don't know whether there are any arguments that the other party has got to go to the Supreme Court. So if it is challenged before the Supreme Court, Supreme Court can certainly hear and take a view on the matter.”

Read Here | 'Real' Shiv Sena row: Shinde calls Raut a 'mad man', latter stands by his comment on EC 'deal' | Who said what

However, he also acknowledged that there was no definite precedent for such a case, making it challenging for the EC to make a ruling that would be widely accepted by all parties involved.

He said, “The party constitution should normally provide for democratic features, like the members of the election committee, everything should be elected by the members of the party and not by the leader. So it appears to be that the leader constituting the Electoral College seem to be a little undemocratic. And that is one of the reasons that the Election Commission has gone by in its order.”

He further added, “If the electoral college is determined only by the leader, it really seems to be undemocratic because normally, an electoral college has to be in the Constitution on the basis of the approval of the members of the party. So it seems to be a little incongruous that a leader can decide the Electoral College that is very apparently undemocratic.”

Read Here | Shiv Sena 'bow and arrow' symbol row: SC refuses urgent hearing of Uddhav Thackeray's plea

On Uddhav Thackeray camp challenging the order in the Supreme Court Krishnamurthy said, “Since I have not gone through in detail order, I am not in a position to straightaway say that the order cannot be challenged. My own feeling is any aggrieved party is certainly entitled to go against the election commission. So I take it that the Supreme Court will certainly bear in mind that challenges posed by the other side. But the order as I see, it seems to be a well-reasoned order.”

For full interview, watch accompanying video

(Edited by : Pradeep John)