Maharashtra chief minister Eknath Shinde winning the trust vote on the floor of the Assembly, the battle will now move to the Election Commission of India to stake claim on the Shiv Sena party and its iconic symbol of bow and arrow.
In case of any dispute, the Election Commission first sees the support each faction enjoys both within the party’s organisation and its legislature wing. Then it identifies the top committees and decision-making bodies within the political party and proceeds to know how many of its members or office-bearers back which faction. It then counts the number of lawmakers and legislators in each camp.
According to legal experts, the common understanding that having 2/3rd MLAs is enough to be recognized as the party is not right.
Elaborating further, the experts state that, “The faction which is staking claim will have to prove majority support from all office-bearers in the party, legislators, and Members of Parliament in order to be allotted the symbol and if not satisfied with the order of the Election Commission, they can approach the court.”
Also, the party’s different decision-making bodies, the other elected branches like its trade union, women’s wing, youth wing, the number of party members, active members, among others, would also come into play, besides the number of lawmakers.