EC works on Sena case while it awaits SC order

The election commission is working on claims of rival Shiv Sena factions to determine which is the 'real party'. The Supreme Court's direction to not precipitate action on determining the 'real Shiv Sena' has only stopped EC from taking decisive action, but the process towards assessing claims of the two rival factions is very much on at Nirvachan Sadan.

Citing SC observations, the Uddhav Thackeray faction had recently requested EC to put all proceedings initiated at the behest of the Shinde-led faction on hold. However, the poll panel has not put on hold the documentation. In response to the Thackeray's faction's submission, EC extended the deadline to submit its claims of support, according to EC insiders.

There is no court order holding back the process, they said. Once the SC lifts the stay, the current work will help EC to expeditiously decide on the issue. The Shinde faction has already submitted documentation in support of its claim. Both factions are keen to win the Sena symbol, 'Bow and Arrow', ahead of Mumbai and Thane civic poll.


EC stepped in late July after the Shinde faction claimed the symbol, citing its strength in the Maharashtra assembly and Lok Sabha. It asked the two factions to submit documents and letters of support from both the legislative and organisational wings of the party by August 8. The deadline was extended largely on the Thackeray faction's requests, even as the SC referred the matter to a Constitution bench of five judges.

One of the issues before the bench is EC's scope in determining a party's split. So far, EC has been guided by Paragraph I5 of the Symbols Order and the 1972 Supreme Court verdict in Sadiq Ali Vs Election Commission of India on party splits. The 1972 verdict held that test of majority among members of the organisational and legislature wings of the party was critical in deciding disputes among splinter groups. Paragraph I5 of the Symbols Order mandates that when the Commission is satisfied based on information in its possession that there are two splinter groups within a recognised party, the question comes within EC's jurisdiction for adjudication. EC has applied the test time and again during disputes by party factions.