In a landmark order, the election commission passed the bow and arrow election symbol to Maharashtra chief minister Eknath Shinde-led faction of the Shiv Sena, which will be known as Shiv Sena according to the EC order. Supporters of the Shiv Sena (UBT) protested against the Election Commission of India.
After receiving a big blow with the Election Commission (EC)’s order regarding its poll symbol, the Shiv Sena (UBT) president Uddhav Thackeray-led faction of the Shiv Sena moved the Supreme Court challenging the decision.
Backed by the BJP, 40 MLAs of erstwhile Shiv Sena put up a rebellion against Uddhav Thackeray, the former chief minister of Maharashtra, and withdrew their support from the government. While this led to a change of guard in the state, Shiv Sena witnessed a new crisis with the faction led by Shinde claiming to be the real Shiv Sena. The crisis was over the name and the election symbol of Shiv Sena.
5 points from EC order:
In its 78-page order, the EC deliberated how they came to the decision based on the majority.
- The Election Commission looked at the party constitution of 2018 to decide the question of majority.
They did not find any legal sequencing, so they examined the support enjoyed by both the groups in the organisation wing of the party. But there was no satisfactory conclusion as the 2018 constitution of the party is not on the record of the EC, it said.
- The EC then went on to assess the number of MPs, MLAs and MLCs each faction has. Petitioner (Eknath Shinde) claimed the support of 40/55 MLAs and 13/19 MPs. Respondent (Uddhav Thackeray) has the support of 15/55 MLAs, 7/19 MPs in the Lok Sabha and 3/3 MPs in Rajya Sabha.
- The 40 MLAs supporting the petitioner (Shinde) garnered 36,57327 votes out of 47,82440 votes in the last assembly election. This is in contrast with 11,25113 votes by 15 MLAs of the Uddhav camp. “Overwhelming numerical superiority of the petitioner in the legislative wing is categorically verifiable,” it said.Observing the absence of democratic internal structures in the Shiv Sena, the election commission said by the time such a dispute comes to the commission, the party starts appointing people as office bearers undemocratically. Such party structures “fail to inspire confidence” of the EC and thereby EC is forced to ignore the numerical strength of factions. “This seemingly unjust situation is often a creation of the party itself which failed to create a robust Constitution…” it said.
- As against 90,49,789, total votes polled by Shiv Sena in the General election to the Legislative Assembly of Maharashtra in 2019 (including the losing candidates), votes polled by 40 MLAs supporting the Shinde faction come to 40 per cent whereas votes polled by 15 MLAs supporting the Uddhav Thackeray faction come to 12 percent of total votes, the EC said.
- The 13 MPs supporting the Shinde faction garnered 74,88,634 votes out of a total of 1,02,45143 votes i.e ~73 per cent of votes polled in favour of 18 MPs in the general election to the Lok Sabha, 2019. This contrasts with 27,56,509 votes garnered by 5 MPs supporting the Uddhav Thackeray faction (although claimed 6 and affidavits filed by only 4) i.e ~ 27 per cent of votes polled in favour of 18 MPs, it said.
Shiv Sena founded by Balasaheb Thackeray was given the bow and arrow symbol in 1989 by the Election Commission. Flaming torch is the symbol allotted to the Thackeray-led fa faction by the EC last year.
The protesters accused the EC of acting at the behest of the Narendra Modi government. Shinde and Modi’s party BJP are the ruling partners in Maharashtra.
In a big blow to Thackeray, the EC on Friday recognised the Shinde group as the real Shiv Sena and allotted to it the party’s ‘bow and arrow’ poll symbol. This is for the first time that the Thackeray family has lost control of the party that was founded in 1966 by Bal Thackeray on the principles of justice for the sons of the soil.
SAGAR RATH
