Uddhav Thackeray has approached the Delhi High Court.
Uddhav Thackeray today challenged the Election Commission's freeze on the Shiv Sena symbol and name in the middle of a tussle between rival factions over which is the "real" Sena.
The former Maharashtra Chief Minister approached the Delhi High Court against the Saturday order, alleging that the party's name and symbol was frozen without a hearing, which "goes against principles of natural justice".
The election body had asked team Thackeray and the rival Eknath Shinde faction to choose new names and symbols for the November 3 by-election in Mumbai's Andheri East.
The Sena versus Sena saga started in June when Eknath Shinde led 48 MLAs in a BJP-backed coup against his boss Uddhav Thackeray, bringing down his coalition government. Mr Shinde then formed a new government with the BJP.
Since then, both factions have laid claim to the party's name. Mr Shinde, who has the support of a majority of party MLAs and MPs, told the Election Commission he has a stronger claim to the party founded by Uddhav Thackeray's father Bal Thackeray.
The election body asked the rivals to submit documentary proof by August 8 to back their claims. The deadline was extended to October 7 on the request of the Thackeray faction. On October 4, team Shinde requested the party's bow and arrow poll symbol for the assembly by-election.
The Uddhav Thackeray faction of Shiv Sena has given a list of three names and symbols.
'Shiv Sena Balasaheb Thackeray' is the first choice for the name, 'Shiv Sena Uddhav Balasaheb Thackeray' is the second pick, and 'Shivsena Balasaheb Prabodhankar Thackeray' the third, sources in the Election Commission said.
The Uddhav Thackeray faction has also listed trishul (trident), rising sun, and mashaal (torch) as the options for party symbol, party leader Arvind Sawant told NDTV.
The Shinde faction has also submitted its options – Balasaheb Thackeray, Balasahebanchi Shivsena and Shivsena Balasahebanchi.
The symbols it has submitted are the mallet and two others that are also on the rival list - the trident and the rising sun.
The Shiv Sena got the bow and arrow symbol in 1989. Before this they had contested elections on different symbols like sword and shield, coconut tree, railway engine, and cup and plate.
In an editorial in the party mouthpiece Saamana, team Thackeray targeted the Election Commission for what it called "injustice" and accused it of "spreading darkness" in Maharashtra..
"This (decision) is the sin of Delhi. Dishonest persons carried out this dishonesty. But we would like to assure we will stand strong despite innumerable catastrophes. The EC took a cruel decision to finish off the Shiv Sena founded by Bal Thackeray because of the objections raised by traitors led by (Maharashtra Chief Minister) Eknath Shinde," the editorial said.